Supreme Court · 2003 INSC 393 · Decided 14 August 2003
State of Maharashtra and ANR. v. B.E. Billimoria and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 393 · [2003] SUPP. 2 S.C.R. 603
- Case number
- CIVIL APPEAL No. 10461/1983
- Decided
- 14 August 2003
- Bench
- V.N. KHARE, S.B. SINHA, G.P. MATHUR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 45
Headnote
Urban Land (Ceiling & Regulations) Act, 1976; Ss. 2(9), 3, 4(9) & Building rules thereunder: A B Ceiling limit-Applicability of-Vacant /and-Exclusionary clauses- C Interpretation of-Held: Since both owners having independent title ih the plot, they are owners of equal share in the plot plot cannot be considered as vacant /and-They have been allotted flats in a building owned by a co­ operative Society-It can not be construed that they are owners/in possession D of any vacant /and-Section 4(8) & 4(9) not attracted-Area of flats could not be clubbed with vacant /and-High
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