The Karnataka High Court on Thursday stayed a notice issued by the Bangalore Development Authority (BDA) inviting bids from the owners of flats in Kailash BDA apartment complex for allotment of parking lots.
Justice H.G. Ramesh and Justice K.S. Mudagal passed the interim order on an appeal filed by Kailash BDA Apartment Owners’ Welfare Association, Valegerahalli, Kengeri.
The BDA had invited bids for allotment of around 150 parking lots through an auction, to be held on June 24.
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The association questioned the April 20, 2017 order of a single-judge bench that held that the flat owners could not claim ownership of parking area as a “common area”, as the sale deed executed in their favour does not include parking area in it. The bench had rejected their plea questioning the notice for auctioning of parking lots issued in December last year.
However, the counsel for the association said a Supreme Court judgment states that parking space cannot be sold by promoters or builders as it forms part of the common area meant for the use of all residents.