Case: Municipal Corporation of Greater Bombay Vs. Mafatlal Industries and Others

a guest house, it must be held that the premises is exclusively used for its own purpose and accordingly tariff rate meant for Category R should apply. The Division Bench construed that the word private in the expression "exclusively used as a private residential premises" must be read as opposed to public. It further came to hold that since a guest house maintained by the company is not a business proposition it cannot be held to be for commercial purpose and unless the premises is used for any commercial purpose then the same cannot be categorised as Category C. With this conclusion the judgment of the learned Single Judge has been reversed and the appeals having been allowed, the present appeals by special leave have been filed in this Court. 3. Mr Reddy, learned Additional Solicitor General appearing for the appellant, contented that the Division Bench of the Bombay High Court totally misconstrued the expression "exclusively used as a private residential premises" and the said expression has no correlation with either the object of profit-making or it is to be read in contradistinction to the word public. According to Mr Reddy, the expression "exclusively used as a private residential premises" must be given its natural grammatical construction and if such a construction being given it would apply to those premises which are used for residential purpose and will certainly not apply to a guest house maintained by a company or a commercial undertaking where its employees come and reside for some time when they are in Bombay. Mr Naik, learned Senior Counsel appearing for the respondents on the other hand contended that when under the Bombay Electricity Duty Act two different tariffs have been provided for, one for the premises used for residential purpose and the other for premises used for business, trade, commercial undertaking or professional purpose the guest house belonging to the commercial undertaking must come within the first category and therefore the Division Bench was wholly justified in directing the payment of tariff for such guest houses bringing them under Category R. According to learned counsel guest houses are maintained by commercial undertakings to be used by its employees when they come to the cities and therefore the purpose of maintenance of such guest houses is undoubtedly residential and consequently the categorisation must be Category R 4. In view of the rival submissions at the bar the question that arises for consideration is, what is the true meaning of the expression "exclusively used as a private residential premises" ? A premises to come within Category R Part I to the Schedule of Electricity Tariff must be a premises which is exclusively used as a private residential premises. It is a cardinal principle of construction of a statute that the words must be given its natural meaning and must be understood in its ordinary or popular sense and each word must have its play. Natural and ordinary meaning of the words should not be departed from unless it is shown that the context in which the words are used requires a different meaning. Under the Bombay Electricity Duty Act, 1958 (hereinafter referred to as "the Act"), under Section 3(1), Electricity Duty shall be levied and paid on the units of energy consumed at the rates specified in the Schedule to the Act. In the Schedule - Part A provided the tariff for premises used for residential purposes and Part B provided the tariff for premises used for business, trade, commercial undertaking or professional purposes. The said schedule of electricity tariff has been changed from time to time and in the case in hand we are concerned with the tariff which was effective from 20-3-1981. Under the aforesaid 1981 tariff, Category R would apply to premises exclusively used as a private residential premises and Category C would apply, as a residuary category to premises which does not come within Category R, S, RC (LV) and SL. This being the position the question for consideration is whether the guest house maintained by the company for the use of its employees when they come to the city can be held to be a premises "exclusively used as a private residential premises" so as to come within Category R ? On a plain literal meaning being given to each of the words in the expression "exclusive used as a private residential premises" it is difficult for us to hold that the guest house maintained by a company or commercial undertaking would come within the aforesaid expression. The aforesaid expression connotes that the premises in question must be exclusively used as a residential premises which in other words would mean where the premises which is used by any person privately for its own residence for a sufficiently continued period and not a premises where a person can come and spend a day or a night and then go back. The guest houses are maintained by company or commercial undertaking on the other hand as a part of its commercial venture and such premises by no stretch of imagination can be held to be meant for exclusive use as private residential premises. The Division Bench of the Bombay High Court in our considered opinion committed serious error in applying the test of profit-making as well as the test of the word private in contradistinction to public, which in our opinion have no relevance for interpreting the expression "exclusively used as a private residential premises". The context in which the aforesaid expression has been used for determining tariff under the Act, can only apply when any premises is used as a private residential premises. The word exclusively also must be given a rational meaning and viewed from that angle, we are of the considered opinion that the guest house maintained by a company or commercial undertaking in the cities cannot be held a premises which is exclusively used as private residential premises. Therefore, Category R of the tariff cannot be held to be applicable. 5.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]Under the aforesaid 1981 tariff, Category R would apply to premises exclusively used as a private residential premises and Category C would apply, as a residuary category to premises which does not come within Category R, S, RC (LV) anda plain literal meaning being given to each of the words in the expression "exclusive used as a private residential premises" it is difficult for us to hold that the guest house maintained by a company or commercial undertaking would come within the aforesaid expression. The aforesaid expression connotes that the premises in question must be exclusively used as a residential premises which in other words would mean where the premises which is used by any person privately for its own residence for a sufficiently continued period and not a premises where a person can come and spend a day or a night and then go back. The guest houses are maintained by company or commercial undertaking on the other hand as a part of its commercial venture and such premises by no stretch of imagination can be held to be meant for exclusive use as private residential premises. The Division Bench of the Bombay High Court in our considered opinion committed serious error in applying the test of profit-making as well as the test of the word private in contradistinction to public, which in our opinion have no relevance for interpreting the expression "exclusively used as a private residential premises". The context in which the aforesaid expression has been used for determining tariff under the Act, can only apply when any premises is used as a private residential premises. The word exclusively also must be given a rational meaning and viewed from that angle, we are of the considered opinion that the guest house maintained by a company or commercial undertaking in the cities cannot be held a premises which is exclusively used as private residential premises. Therefore, Category R of the tariff cannot be held to be applicable.