AI Overview...
-
Common Area Usage - Under the Kerala Apartment Ownership Act, 1983, common areas such as parking spaces cannot be converted or used as exclusive parking zones by individual owners or developers without proper legal authorization. Courts have held that converting common areas into parking spaces without adherence to legal provisions constitutes a violation of the Act and can lead to injunctions or decrees against such actions SKYLINE BUILDERS, vs PAULACHAN MANIAMKOT - Kerala.
-
Legal Restrictions - The Act emphasizes that common areas are to be maintained for the benefit of all apartment owners, and any unauthorized use or alteration, such as converting common areas into parking, is legally impermissible. The Kerala HC has upheld that common areas, including parking spaces, are part of the shared property and cannot be sold or used exclusively unless explicitly permitted under the Act WOODLANDS ESTATE APARTMENT OWNERS ASSOCIATION vs DILEEP P G - Kerala.
-
Ownership Rights and Common Amenities - The Act clarifies that owners have proportionate rights in common areas, but these rights do not extend to exclusive use unless legally granted. Claims for rights in common amenities, including parking, require proper legal basis, and unauthorized encroachment or conversion is rejected R.CHANDRAMOHAN NAIR vs STATE OF KERALA - Kerala.
-
Court Judgments and Enforcement - Courts have consistently ruled against unauthorized conversions of common areas into parking zones, emphasizing adherence to statutory provisions. For example, in cases where developers or owners converted common areas into parking without approval, courts have issued injunctions and decrees to restore the original common use SKYLINE BUILDERS, vs PAULACHAN MANIAMKOT - Kerala.
-
Conclusion - Under the Kerala Apartment Ownership Act, 1983, common areas, including designated parking zones, cannot be converted or used solely as private parking spaces without following due legal procedures. Unauthorized use or conversion violates the Act, and courts are empowered to enforce compliance through injunctions and decrees to protect the rights of all apartment owners SKYLINE BUILDERS, vs PAULACHAN MANIAMKOT - Kerala, WOODLANDS ESTATE APARTMENT OWNERS ASSOCIATION vs DILEEP P G - Kerala.
References: - Kerala Apartment Ownership Act, 1983 - Kerala HC Judgments (e.g., KLHC010389322013, KLHC010266732013) - Building Rules and Court rulings on common area rights
Search Results for "Under Kerala Appartment Act 1983 Common Area Cannot be Used as Parking Area"
2023 Supreme(Online)(KER) 30342 • India - High Court of Kerala
M.R.ANITHA, J
Parking - Building Construction - Kerala Apartment Ownership Act, 1983 - Kerala Municipality Building Rules, 1999 - Key legal ... The appellate court determined that the defendants had indeed converted common areas for additional parking, leading to a decree ... Fact of the Case: The plaintiff sought an injunction against the defendants for converting common areas into car parking ... So the trial court held that....
2017 Supreme(Online)(KER) 48055 • India - High Court of Kerala
B.KEMAL PASHA, J
Injunction - Property Dispute - Kerala Apartment Ownership Act, 1983 - Sections 2, 5(2) - The court upheld the lower appellate ... sale deed under contentious interpretations, and the nature of ownership and common property rights among apartment owners. ... court's decision, determining that the restrictions within the Kerala Apartment Ownership Act did not apply due to lack of execution ... the Kerala A....
2015 Supreme(Online)(KER) 27835 • India - High Court of Kerala
T.R.RAMACHANDRAN NAIR, P.V.ASHA, JJ
Land Acquisition - Appeals arising from References under Section 30 of the Land Acquisition Act - Section 31(2), Kerala Apartment ... of common area rights without vested interests in amenities. ... Claims for proportional rights in common areas or amenities were rejected due to lack of legal basis. ... As far as the question of providing common amenities and facilities are concerned, going by the provisions of Kerala Apartment Owne....
2020 0 Supreme(P&H) 1050 • India - Punjab and Haryana
RAJAN GUPTA, KARAMJIT SINGH
Act, 1975, and the Haryana Apartments Ownership Act, 1983. ... Ownership Act, 1983 - 3(2), 6(1) and (2), 24-A - The court found that the builder had violated statutory provisions and rules by ... Construction - Violation of Statutory Provisions - Haryana Development and Regulation of Urban Area Act, 1975, Haryana Apartments ... As per section 6(1) and (2) thereof, the undivided interest of each apartment owner in the common #HL_STAR....
2021 0 Supreme(SC) 294 • India - Supreme Court
D.Y.CHANDRACHUD, M.R.SHAH
Constitution of India,1950 - Article 32 - West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act ... of declaration by this Court of invalidity of the provisions of WB-HIRA, there shall be no revival of the provisions of WB 1993 Act ... Particulars RERA WB-HIRA 1 Definition of Car Parking Area: Under the scheme of RERA: Open Car parking areas are covered under the definition of common areas, therefore it cannot be sold. ... cases, lifts, s....
2005 5 Supreme 77 • India - Supreme Court
R. C. LAHOTI, ASHOK BHAN
Explosive Act, 1884 - Explosive Rules, 1983 - Firecrackers for the purpose of export- Firecrackers for the purpose of export may ... An area comprising not less than 100 meters around hospitals, educational institutions and courts may be declared as silence area ... Air (Prevention and Control of Pollution) Act, 1981 Section 2(a) Noise Pollution Control and Regulation Rules, 1999 - Noise Pollution ... Superintendent of Police, Kottayam, AIR 1993 Kerala 1, it has been said “However wide....
2023 Supreme(Online)(SC) 20986 • India - Supreme Court of India
B.R. GAVAI, J
156) ... ... (B) Heritage Conservation - Preservation of cultural and architectural integrity - The reintroduction of apartment ... areas and common facilities. ... The peripheral area and the Tri-City are intrinsically linked. One cannot be successfully planned or implemented without also looking at the other. ... Definitions: (a) "Apartment" means each sub-division of a building dully recognized by the Estate Officer, alongwith the proportionate share in common areas and ....
2005 0 Supreme(Bom) 1616 • India - Bombay
H.L.GOKHALE, R.S.DALVI
That cannot be wished away. ... faith accompanied by consistent conduct thereafter - It is a marriage between two Hindus - Trial Court had jurisdiction. - Court cannot ... a Hindu - The petitioner had been married by a Hindu Priest in temple as per Hindu rites knowing that she was a Christian - It cannot ... for her It is to be noted that she lived with him for over 8 years and she lived with him as a wife of a wealthy industrialist Therefore, the fact that he contributed to the purchase of a small flat by wifes mother (where the wifes si....
2022 Supreme(Online)(Ker) 81429 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Fact of the Case: The case involved an Original Petition before the Kerala Administrative Tribunal concerning administrative ... Rakesh and after brief deliberation came down to the parking area and found PW6, her husband and the injured inside the parking area. This much is corroborated by PW6, the wife of the accused. ... Inside the confines of the parking area, again a gruesome act was committed by the accused, spoken of by PW5 which further dem....
2022 0 Supreme(Ker) 660 • India - Kerala
K. VINOD CHANDRAN, C. JAYACHANDRAN
Rakesh and after brief deliberation came down to the parking area and found PW6, her husband and the injured inside the parking area. This much is corroborated by PW6, the wife of the accused. ... Inside the confines of the parking area, again a gruesome act was committed by the accused, spoken of by PW5 which further demonstrates the vile intent of the accused. ... INSIDE THE CAR PARKING AREA: 41. ... What happened inside the #HL_....
Filter by Legal Phrase
