: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4369 OF 2009 Shyamlal B. Garela & Ors. ... Petitioners V/s. Addl. Chief Secretary & Ors. ... Respondents Mr.J.S. Chandnani for Petitioners Mr.R.M. patne, AGP, for Respondent Nos.1 and 2 Mr.Vijay Patil for Respondent No.3 CORAM: SMT.NISHITA MHATRE, J. DATED: 25th JUNE, 2009 P. C.: 1. The Petitioners have challenged the order passed by the Designated Authority on 16.7.2007 as well as the Appellate Authority on 28.8.2008. By these orders, both the Authorities have found that the Petitioners' construction exceeds the FSI 4 and the balconies are not constructed as permitted in law. Accordingly, the Appellate 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 : 2 : 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 FSI 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. Writ Petition is disposed of accordingly.