vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2184 OF 2009 WRIT PETITION NO.2184 OF 2009 WRIT PETITION NO.2184 OF 2009 Vanmala Govind Patkar & Ors. ... Petitioners V/s. The State of Maharashtra & Ors. ... Respondents Mr.J.S. Chandnani for Petitioners Mr.S.M. Kamble for Respondent No.3 Mr.S.K. Chinchalikar, AGP, for Resp. Nos.1, 2 & 4 CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: APRIL 8, 2009 APRIL 8, 2009 APRIL 8, 2009 P.C.: P.C.: P.C.: . The petitioner has challenged the order passed by the Designated Authority dated 16.7.2008 and by the Appellate Authority on 16.10.2008. Both these parties have found that the petitioners construction may exceed the permissible limit of FSI 4 and that the balconies on the 1st to 4th floor are more than 1.20 metres wide. 2. The petition can be disposed of by directing the petitioner to submit a revised plan indicating that the balconies are not more than 1.20 metres wide which is the permissible width and the FSI is withing the permissible limits. The plan shall be submitted to the Designated Authority within two weeks from today. The Designated Authority shall consider the representation made by the petitioner alongwith the revised plan. The : 2 : Designated Authority will then pass appropriate orders, uninfluenced by the reasons mentioned in the earlier orders passed by it as well as the Appellate Authority. The expert committee assisting the Designated Authority will physically verify the site and the measurements in respect of the balconies and the remaining structure in the presence of the representatives of the petitioners after giving them adequate notice. Till such exercise is carried out, the offending structure will not be demolished. 3. Writ Petition is disposed of accordingly.