India, Sept. 18 -- The Bombay High Court on Tuesday held that under the Maharashtra Apartment Ownership Act, 1970, it is lawful to reserve specified common areas and facilities in apartment complexes for exclusive use by certain apartment owners. Accordingly, the court directed an association of apartment owners in Andheri West to hand over possession of a part of their building terrace to owners of two top-floor apartments.

"Though the apartment owner for whom the specified area or facility is exclusively designated may not be the owner thereof, he has exclusive right to use the same and other apartment owners do not have right to claim usage thereof," the single judge bench of justice Sandeep Marne said while allowing a plea filed by e...