AIR 2010 SUPREME COURT 3607 ::2010 AIR SCW 5549 ::(2010) 2 WLC(SC)CVL 772 ::2010 (9) SCC 536 ::2010 (8) Scale 710 ::(2010) 6 AllMR 430 (SC) ::(2010) 4 Cal HN 147 ::(2010) 6 Bom CR 74 ::(2012) 3 CPJ 18 ::(2011) 5 Mad LJ 316 ::(2010) 4 Ker LT 7 ::(2011) 1 LandLR 95

Supreme Court Of India

(From : 2008 (5) AIR Bom R 652)

Hon'ble Judge(s): R. M. Lodha, A. K. Patnaik , JJ

(A) Interpretation of Statutes - Definition clause - Object - Define particular subject matter - Helps in knowing legislative intent - Such clause may itself require interpretation if it suffers from ambiguity. (Para 21) (B) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act (45 of 1963) , S.2(a1)— Flat - Meaning - Separate, self contained part of building - Used or intended to be used for defined purposes. Words and phrases - Flat - Separate self contained part of building. Separateness of one premises from another premises physically and also in use or intended use for one of the uses specified in the definition clause containing the necessary facilities for self-contained accommodation is sine qua non for a unit being covered by the definition of 'flat' occurring in Section 2(a-1) which includes an 'apartment'. In other words, it must be a separate unit conforming to the description capable of being used for one of these purposes namely, residence, office showroom, shop, godown or for industrial or business purposes. Alternative uses in Section 2 (a-1) do expand the ordinary meaning of the term 'flat' but nevertheless such premises that form part of building must be separate....