• The Supreme Court of Nahalchand Laloochand & Co. Ltd. v Panchali Co-operative Housing Society Ltd.., dismissed the appeal, challenging the Bombay High Court’s ruling that under MOFA (Maharashtra Ownership Flats Act), a builder cannot sell parking spaces in the stilt area as a apartments or garages.

  • The SC has determined that parking spaces on stilts are not garages. He stated that the term “garage” was not defined in MOFA and therefore the SC interpreted the term “garage” as used in Section 2(a-1) in a general sense. A “garage” is a place with a roof and walls on three sides. It does not include an unclosed or uncovered parking space.

  • The Court stated that open/stilt parking spaces should be treated as part of “common areas”.