The Karnataka High Court has dismissed an appeal by two flat owners of Arya Hamsa, a Bengaluru housing project, who objected to residents of the adjoining Arya Hamsa Grande project using shared facilities including the clubhouse, roads, pathways, and entrance and exit gates, according to reports from Business Standard and BusinessToday. The court's central finding: apartment owners cannot claim exclusive rights over common amenities when their own registered sale deed clearly provides for shared use with an adjoining phase or project. It's a ruling with direct relevance for anyone buying into a Bengaluru project that is, or will be, developed in multiple phases.
1. What Actually Happened Between the Two Projects
Arya Hamsa and Arya Hamsa Grande were both developed by the same builder, Arya Gruha, on adjoining plots but at different times. Arya Hamsa came first, receiving its occupancy certificate in 2015, while Arya Hamsa Grande followed later on the neighbouring site, receiving its occupancy certificate on January 31, 2019. Once Arya Hamsa Grande's residents began using shared facilities like the clubhouse and internal roads, two Arya Hamsa flat owners objected, arguing they should have exclusive use of amenities within what they considered their own project boundary.
2. Why the Sale Deed Decided the Case
The court's decision turned almost entirely on documentation rather than intuition about what "should" be exclusive. The registered sale deed signed by Arya Hamsa flat owners, dated November 3, 2015, specifically allowed for certain common amenities, including roads, the clubhouse and entertainment facilities, to be used by owners across different phases of the development. Because that shared-use provision was written into the contractual document the buyers themselves had signed, the court held they could not later claim an exclusive right that the deed never actually granted them.
- What's written in your sale deed governs, not what feels intuitive. A clubhouse inside your gated compound can still be legally shared with a neighbouring phase if your own purchase documents say so.
- This is especially relevant for large, phased townships. Developments launched in multiple phases over several years, common across Bengaluru's larger plotted layouts and apartment townships, often plan shared central amenities by design from day one.
- Read the fine print before amenities become a flashpoint. Buyers should ask developers directly, at the time of booking, whether any amenity described as part of "your" project is also designated for shared use with a current or future adjoining phase.
3. What This Means If You're Buying Into a Phased Development
This ruling doesn't diminish the value of shared amenities, in many well-planned townships, pooling clubhouse, garden and security infrastructure across phases actually delivers better-maintained, better-funded common facilities than each phase building its own smaller version. The practical takeaway is about expectations management: before you buy, ask specifically whether the amenities being shown to you are exclusive to your block or phase, or are designed to be shared with adjoining or future phases, and get that answer in writing where it matters. It's a due-diligence question worth adding alongside the standard RERA and construction-status checks.
Luxura Habitat markets several developments with a phased structure. KNS Samooha on Tumkur Road, Nelamangala is a plotted township registered across three separate RERA phases. Off Bellary Road in Devanahalli, Sattva Vasanta Cove and its larger adjoining Sattva Group development, Sattva Vasanta Skye, sit on neighbouring land parcels, illustrating the kind of multi-project, shared-amenity structure this ruling addresses. We'd encourage any buyer evaluating these or similar phased developments to confirm amenity-sharing terms directly against their sale documents.
The Bottom Line
The Karnataka High Court's ruling is a reminder that a sale deed's fine print, not assumptions about what "your" project includes, determines your actual rights over shared facilities. For anyone buying into a phased township or a project with an adjoining sibling development, it's worth asking the amenity-sharing question directly before booking, not after possession. Talk to our team if you'd like help reviewing amenity clauses on a specific project you're considering.
