pune in a clear departure from the provisions of real estate regulations act 2016 many developers have uploaded agreement pro formas on the authoritys website not in consonance with the normsaccording to legal experts this seems to be an attempt by developerspromoters to work around some of the clear and stringent provisions of rera the most striking variation is in the respective treatment of open spacesthe opens spaces and internal roads will not be conveyed and the promoter shall be entitled to deal with and treat the said open spaces as per the law and shall be entitled to appropriate the benefits arising therefrom reads a pro forma of an agreement on the maharera websiteanother one reads the ownerpromoter shall be exclusively entitled to hold and otherwise deal with in all respects for its own benefit and account the amenity area open space in such a manner desired by the ownerpromotermany others stated that all the open areas in the said project will remain the property of promoter until the said structure is transferred to the association of allotteesthe first two instances are in direct contradiction to the rera act which states that the promoter is obligated to transfer open spaces to the association of allottees when the society is conveyed which also needs to be done in a specified period after receiving the occupancy certificatelegal experts think that the clauses have been inserted by the developers to apportion what they can retain and control for instance by introducing the above clause in the agreement builders might try and sellallot open car parking spaces an act barred under the rera but will it stand legal scrutinyaccording to the 2010 supreme court judgment which upheld the rulings of the bombay city civil court and the bombay high court in the case of mumbais nahalchand laloochand pvt ltd versus panchali cooperative housing society the agreements or undertakings given by the purchasers to the developer cannot run contrary to the law the court finally struck down sale or allotment of open car parking even when the rera was not in vogueall the amenities and open spaces where the building is situated is a property of all the members of the society and cannot be soldallotted selectively said property lawyer harshal jadhavaccording to rohit gera of gera developments open car parking is a part of common area and as such common areas are to be owned proportionately by all flat owners therefore if proportionate allotment is done it is permissiblehe however said that proportionate allotment has to be ratified by the society when it is formed else the same can be overturned only a few of them cannot be allotted open car parking he clarified so will the allotted parking if any be struck down if a formal complaint is madeyes by order of respective authorityforum in both the cases where agreement is executed under maharashtra ownership of flats act or the rera said another property lawyer kapil gundawarbut the question remains