Mangaluru: Builders cannot claim rights over common area, rules court

Team Udayavani, Jan 4, 2025, 10:22 AM IST

The Civil Judge and JMFC Court in Moodbidri has delivered a significant verdict, ruling that builders cannot claim ownership of land reserved for common use by flat owners’ associations.

The dispute involved a 60-cent plot adjacent to a highway in Bappanadu village, part of which houses a flat building, while the remaining portion was designated as common area. However, the builder attempted to unlawfully occupy on the area reserved for common use around the building and planned to construct an illegal building.

In response, the flat owners’ association filed a permanent injunction suit in the civil court. The builders counterclaimed, stating that the common area had not been given to the flat owners and that the well dug in the common area should be sealed.

After extensive witness examination and hearings, the court ruled that the common area specified in the declaration deed could not be claimed by the builders. It upheld the association’s suit, prohibiting any unauthorized use or construction on the reserved land.

Advocate Shashiraj Rao Kavoor represented the flat owners’ association in the case.