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. 7877 OF 2008 PETITION NO. 7877 OF 2008 PETITION NO. 7877 OF 2008 Shiv Shakti 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.Vijay Patil 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 was submitted by the petitioner in accordance with the order of the appellate authority dated 8.7.2008. 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 2 3.99 after demolition of part of the ground floor. 2. The grievance of the petitioner is that the designated authority has not accepted its proposal in view of the order passed by the appellate authority. 3. In my view, the petition can be disposed of by directing the designated authority to consider the representation submitted by the petitioner society alongwith the revised plan on 22.8.2008. 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. 4. 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. 5. Writ petition disposed of accordingly.