1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5222 OF 2009 Ladharam Miyomal Kevalramani & Ors. ... Petitioners V/s. Addl. Chief Secretary, Urban Development Department, Mantralaya, Mumbai & Ors. ... Respondents Mrs. Gunjan Shah i/b. Mr. J.S. Chandnani for the Petitioners. Mr. R.M. Patne, AGP, for the Respondent-State. CORAM : SMT. NISHITA MHATRE, J. DATED : 7TH JULY, 2009. P.C.: 1. The petitioners have challenged the order passed by the Designated Authority on 25th June, 2007 as well as by the Appellate Authority on 19th September, 2008. The Designated Authority has found that the petitioners construction exceeds FSI 4. The Appellate Authority has confirmed this order and added that the internal roads and balconies have not been constructed as permitted in law. Accordingly, the Appellate 2 Authority has directed the petitioners to submit revised plans in order to comply with the objections relating to the FSI and balconies. It appears that the petitioners have not done so as yet. 2. The Petition can be disposed of by directing the petitioners to submit their fresh proposal to the Designated Authority within two weeks from today. The Designated Authority to consider the representation submitted by the petitioners alongwith their revised plans. The Designated Authority will consider the same uninfluenced by the reasons mentioned in the earlier order passed by it as well as the Appellate Authority. 3. The expert committee assisting the Designated Authority will physically verify the site and measurements of the structure, in the presence of the representative of the petitioners, in order to ascertain whether the 3 FSI, internal roads and the balconies are within the permissible limits, on the basis of the revised plans submitted by the petitioners. Till such exercise is carried out, the offending structures will not be demolished. 4. The Writ Petition is disposed of accordingly. .......