sk 1 wp1718.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1718 OF 2011 Mr.Suresh Annaji Patil & Anr. : Petitioners V/s. The Executive Engineer, Town Planning Department, Nashik Municipal Corporation & Ors. : Respondents .... WITH WRIT PETITION NO.10110 OF 2010 Dr.Sunil Uttamrao Ghadge & Ors. : Petitioners V/s. The Executive Engineer, Town Planning Department, Nashik Municipal Corporation & Ors. : Respondents .... Mr.R.S.Apte, Senior Advocate, with Mr.S.H.Joshi for the petitioners in W.P.No.1718/2011 & resp. no.2 in W.P. No.10110/2010. Mr.Tushar Sonawane for the petitioners in W.P.No.10110/2010 & resp. nos.4 to 40 in W.P.No.1718/2011. Mr.M.L.Patil for resp. nos.1 & 2 in W.P.No.1718/2011 & resp.no.1 in W.P. No.10110/2010. Mr.Sameer Patil, Asstt. Govt. Pleader for the State. ... CORAM : S.A. BOBDE AND SMT.V.K.TAHILRAMANI,JJ. DATE : DECEMBER 07, 2011. P.C.: Rule, returnable forthwith. sk 2 wp1718.11 The learned counsel for the respective respondents waive service. Heard finally by consent of parties. 2. Admittedly, Writ Petition No.10110 of 2010 seeking a direction to the Corporation to enforce the stop work notice against the respondent Suresh Annaji Patil has worked itself out since the Corporation has stopped the work. Writ Petition No.10110 of 2010 is disposed of as infructuous. Rule in the said Writ Petition stands discharged. 3. Writ Petition No.1718 of 2011 is filed by Suresh Annaji Patil & anr. claiming that they handed over five mtrs. of land from plot nos.1, 2, 3 and 4 as is apparent from the map at exh.2 for 18 mtrs. wide D.P. Road vide agreement dated 17.3.2007 to Nasik Municipal Corporation (respondent nos.1 & 2). 4. Mr.Patil, the learned counsel for the Corporation, however, submits that though the petitioners have handed over five mtrs. of the land, the proposed construction by them will not be legal since handing over of five mtrs. of land has resulted in reduction of the side margin which is supposed to be maintained at 4.5 mtrs. According to Mr.Patil, the margins are reduced in the region of 3.22 and 2.63 at two different points. sk 3 wp1718.11 Mr.Apte, the learned counsel for Suresh Patil, disputes this stand of the Corporation. In the circumstances, the parties agree that the following order be passed by consent:- O R D E R The petitioner Suresh Patil will make an application to the Commissioner, Nasik Municipal Corporation, for measurement of the side margins of the plot on which the petitioners propose to make construction and the measurement of the area which has been handed over by the petitioners for widening of the road. The Commissioner shall thereupon cause such measurement to be made and, if necessary, direct a change in the sanctioned building plan or exercise his discretionary power to condone the deficiency, if any. The Commissioner shall pass a reasoned order and communicate the same to the petitioners within a period of six weeks of the receipt of the application of the petitioners. Writ Petition No.1718 of 2011 is disposed of in the above terms. Rule in Writ Petition No.1718 of 2011 is made absolute in the above terms. (S.A. BOBDE, J.) (SMT.V.K.TAHILRAMANI,J.)