Mumbai Court Rules Builders Cannot Sell Common Terraces, Rejects Exclusive Ownership Claim Over 2,360-Sq-Ft Worli Terrace
· Free Press Journal
Mumbai: Judicial proceedings and injunctions cannot be used to protect encroachment on common spaces or perpetuate an illegality, the Maharashtra State Co-operative Appellate Court has held, reiterating that a trespasser cannot seek protection against the rightful owner of such property.
Court dismisses appeal in terrace dispute
The observation came while dismissing an appeal in a dispute dating back to 1999 over a 2,360-sq-ft terrace adjoining an industrial unit at Shah and Nahar Industrial Premises Co-operative Society in Worli. The court ruled in favour of the society, rejecting the exclusive ownership claim of Abdul Kader Abdul Latif and Sopariwala Exports.
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In a 37-page order, court member Dr Srishty Neelkanth upheld the Co-operative Court’s decision, holding that the claimants had failed to establish any legally sanctioned exclusive right over the terrace.
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Latif claimed to have purchased the 1,670-sq-ft industrial unit along with the adjoining terrace from Gangamma Trust in 1986. The trust had allegedly acquired both from Shah and Nahar Developers in 1985.
The claimants relied on sale agreements, a deed of confirmation and maintenance bills, arguing that the society had charged them for the terrace for nearly a decade before excluding it in 1998. They alleged attempted forcible entry by the society in January 1999. The society maintained that the terrace was common property required for emergency evacuation, access and maintenance of utilities.
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Builders cannot sell common spaces
The court held that a builder could not confer private rights over common spaces and that prolonged use or maintenance payments did not establish ownership.
Citing the Bombay High Court's ruling in Ramagauri Keshavlal Virani vs Owalkeshwar Triveni Co-operative Housing Society, it reiterated that builders cannot sell terraces forming part of common amenities as private property.
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