AIR 2008 SC (Supp) 502

Supreme Court Of India

(From : 2006 (1) AIR Bom R 929)

Hon'ble Judge(s): Arijit Pasayat, P. Sathasivam , JJ

(A) Maharashtra Regional and Town Planning Act (37 of 1966) , S.159— Development Control Regulations (1991) , Regn.33(7), Regn.33(10)— Maharashtra Housing and Area Development Act (28 of 1977) , S.92, S.103B— Reconstruction of old cessed buildings of 'A' category - Regn.33(7) giving benefit of 50-70% incentive - Floor Space Index (FSI) - Cannot be limited only to dilapidated buildings of 'A' category - Term "which attracts the provisions of MHADA 1976" - Only qualify "cessed building of 'A' category in Island city" and nothing more - Insisting on leaving 12 Feet open space is also not reasonable - Challenge raised to open space is time barred. 2006 (1) AIR Bom R 929, Reversed. (Para 36 39 43) (B) Interpretation of Statutes - Words used - Meaning to be given. In interpreting a statute, the meaning of particular words is to be found not so much in a strict etymological propriety of language, nor even in popular use, as in the subject or occasion on which they are used and object that is intended to be attained.(Para 33) (C) Constitution of India , Art.226— Judicial review - Policy decision - No interference unless polic....