- (1.) Heard Sri Rahul Choudhary, learned counsel for the petitioners, learned standing counsel for first respondent, Sri B.B. Johri for the respondent No.2 to 4 and Sri Anurag Khanna learned senior counsel along with Sri Syed Faheem Ahmad, for the fifth respondent.
(2.) The dispute centers around the utilization of an "additional parking area" which is part of the "independent area" of the sanctioned plan of the apartment, for which a permission has been granted by the respondent No.3 on behalf of the authority allowing the additional parking area of 19330 sq. meters (inclusive of stores) for being settled by the promoter.
(3.) In order to understand the controversy, we may usefully extract the definition of the word "independent areas" contained in Section 3(p) of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. The same is reproduced hereinunder-: 3(p) "independent areas" means the areas, which have been declared, but not included as common areas for joint use of apartments, and may be sold by the promoter, without the interference of other apartment owners;";