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Karnataka HC – Validity of Agreements on Common Amenities for two Housing Projects

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Judgment dated 9.7.2026 of the High Court of Karnataka at Bengaluru in RERA Appeal No.74 of 2025 of Shailesh B Charati   Vs.  M/s Arya Gruha Private Limited and others

Briefly the facts of the case are that the Allottees are the owners of an apartment named “Arya Hamsa” constructed on land bearing Survey No.28/1 situated at Kothnur Village, Uttarahalli Hobli, Bangalore South Taluk. This project was approved by Bruhat Bengaluru Mahanagara Palike [BBMP] and received its occupancy certificate in the year 2015 prior to the enactment of the Real Estate (Regulation and Development) Act, 2016 [hereinafter referred to as the “RERA Act”].

  1. The Respondent No.1 subsequently developed another project called “Arya Hamsa Grande” on a land parcel which was adjacent to the Arya Hamsa Project and situated at Survey No.28/2, Kothnur Village, Uttarahalli Hobli, Bangalore South Taluk. The ‘Arya Hamsa Gande’ project was an on-going project at the time of the commencement of the Act and subsequently registered 5 with K-RERA under Registration No.PRM/ KA/ RERA/ 1251/ NC: 2026:KHC:34569-DB RERA.A No. 74 of 2025 HC-KAR 310/ PR/ 171015/ 000479 and Occupancy Certificate in respect of “Arya Hamsa Grande” Project was obtained on 31.1.2019. 5. The two projects were developed under separate Joint Development Agreements with different sets of landowners and were sanctioned under separate and independent sanction plans. However, it is not disputed that these Projects were constructed adjacent to each other. 6. A complaint was filed under Section 31 of the RERA Act before the Authority, for the relief of revocation of registration granted to the project of the Developer and to impose penalty as per Sections 60 and 61 of the RERA Act for contravention of Sections 4 and 14 of the RERA Act. It was contended that since both Projects are distinct by sharing of common amenities such as Club House, roads, pathways, Entrance and Exit gates etc., designed for limited use, affected the appellants/Allottees’ right to live peacefully in their respective properties purchased.

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