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V.T.Venkataram (Advocate and Consumer Activist)     25 July 2013

New guide line rates in karnataka

The Department of Stamps & Registration, Government of Karnataka has recently, released the draft revision of market value in properties in Bangalore, Urban & Bangalore, Rural Districts.
The draft includes rates for Car parking and lifts in Apartments, according to which there will be registration charges for car parking.
The Hon'ble Supreme Court of India, had in an Judgement pronounced on 31 st August, 2010 [NAHALCHAND LALOOCHAND PVT. LTD. Vs PANCHALI CO-OPERATIVE HOUSING SOCIETY LTD.], had held that car parking areas cannot be sold by builders because they are covered under the definition of common areas. 
Also, the Karnataka Apartment Owners Act,1972, clearly forbids the sale of common areas and facilities, which includes parking areas, Elevators, gardens etc., 
So, if the department allows sale and registration of car parking and lifts, does it amount to contempt of court and violate he provisions of the Karnataka Apartment Owners Act, 1972 ????



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 1 Replies

Ria (Legal)     16 February 2015

Hello Sir,

 

In my opinion definitely yes...it amounts to contempt of court and violate he provisions of the Karnataka Apartment Owners Act, 1972. Karnataka Department of Stamps & Registrations guidelines are definitely  in violation of law of the land  and is not enforceable.

Perhaps Karnataka Department of Stamps & Registrations is not aware of the KAOA provisions as weel as the judgements. They need to be made aware of the same.

 

Regards,

Ria


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