MOFA parking rights: stand-alone garages are not flats, and stilt or open parking spaces form common areas not separately saleable.

Under MOFA, a stand-alone garage is not a flat because the statutory definition covers separate and self-contained premises, and the words "includes a garage" extend only to a garage appurtenant to a flat. Stilt parking and open parking are not garages, as a garage in its ordinary sense requires enclosing structure and shelter. Parking spaces in the stilt or open area are treated as common areas and facilities, so the promoter has no independent right to sell them separately and must convey them as part of the common scheme.

---

---

Issues: (i) whether a stand-alone garage is a flat within Section 2(a-1) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963; (ii) whether stilt parking space or open parking space is a garage; (iii) whether stilt parking space or open parking space forms part of common areas and facilities; and (iv) what rights the promoter has vis-a -vis the society in respect of such parking spaces.

Issue (i): whether a stand-alone garage is a flat within Section 2(a-1) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963

Analysis: The definition of flat requires a separate and self-contained set of premises forming part of a building and used or intended to be used for the specified purposes. The bracketed words "and includes a garage" were construed as extending the definition to a garage appurtenant to a flat, not as converting a garage by itself into a separate flat. The expression was read in the statutory context and not in isolation.

Conclusion: A stand-alone garage is not a flat within Section 2(a-1).

Issue (ii): whether stilt parking space or open parking space is a garage

Analysis: The term garage was understood in its ordinary sense as a place having a roof and walls on three sides, providing shelter for a vehicle. An open parking area or a stilt area lacking enclosing walls does not satisfy that meaning. The Model Form in the Rules could not enlarge the statutory meaning of garage.

Conclusion: Stilt parking space and open parking space are not garages within Section 2(a-1).

Issue (iii): whether stilt parking space or open parking space forms part of common areas and facilities

Analysis: Although MOFA does not define common areas and facilities, the expression was read in the light of the statutory scheme and the generally understood meaning reflected in the Maharashtra Apartment Ownership Act, 1970. Parking areas are ordinarily part of the areas meant for common use in a housing project, and the promoter cannot exclude them merely by omitting them from disclosure or agreement.

Conclusion: Stilt parking space and open parking space form part of common areas and facilities.

Issue (iv): what rights the promoter has vis-a -vis the society in respect of such parking spaces

Analysis: Since the parking spaces are neither flats nor garages and are part of common areas, the promoter has no independent right to sell them. The promoter's rights are confined to charging the proportionate cost as part of the common areas and facilities and conveying the land and building, with remaining rights limited to unsold flats.

Conclusion: The promoter has no right to sell stilt parking spaces or open parking spaces independently against the society.

Final Conclusion: The appeals failed because parking spaces in the stilt or open area are common areas in a MOFA building and cannot be separately sold by the promoter; the society's position was therefore upheld.

Ratio Decidendi: Under MOFA, only separate and self-contained premises used or intended for the specified purposes qualify as flats, the statutory reference to garage does not cover a stand-alone parking area without enclosing structure, and common parking areas in such buildings belong to the common areas and facilities that must be conveyed to the flat owners' organisation.

---