bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7878 OF 2008 PETITION NO. 7878 OF 2008 PETITION NO. 7878 OF 2008 Shakti Sagar Apartments ... Petitioner v/s 1. Addl. Chief Secretary, Urban Development Department Mantralaya, Mumbai & ors. ... Respondents Mr.J.S.Chandnani for the petitioner. Mr.P.P.Kakade, A.G.P. for Resp. Nos.1, 2 and 4. Mr.S.M.Kamble for the respondent No.3. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 4TH DECEMBER, 2008 4TH DECEMBER, 2008 4TH DECEMBER, 2008 P.C. P.C. P.C.: 1. The petitioner has challenged the order passed by the designated authority as well as the appellate authority holding that its construction consumes the F.S.I. beyond 4. A revised plan is annexed to the petition. This revised plan was submitted with the representation on 22.8.2008 to the designated authority. The petitioner has shown certain modifications in the revised plan which according to the petitioner indicate that the F.S.I. consumed would be 3.99 after demolition of part of the ground floor. However, the petitioner is 2 unable to show any material to indicate that the plan and representation have in fact been submitted to the Designated Authority. 2. In my view, the petition can be disposed of by directing the petitioner to submit its fresh proposal to the Designated Authority within two weeks from today. The Designated Authority to consider the representation submitted by the petitioner society alongwith the revised plan. 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 petitioner society, in order to ascertain whether the F.S.I. would be 3.99 on the basis of the revised plan submitted by the petitioner. Till such exercise is carried out, the offending structure will not be demolished. 4. Writ petition disposed of accordingly.