NAHALCHAND LALOOCHAND P.LTD. vs PANCHALI CO-OP.HNG.STY.LTD.

The Supreme Court upheld the High Court's dismissal of the promoter's appeal regarding the sale of stilt parking spaces, affirming that under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) and Development Control Regulations for Greater Bombay, 1991 (DCR), the promoter cannot sell parking spaces separately from the flats. The Court emphasized that the agreements must conform to the model form prescribed by the State Government and that parking spaces do not constitute a 'building' under the law. The ruling clarified that the rights of flat purchasers do not extend to the sale of stilt parking spaces as per the existing legal framework.