1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3892 OF 2010. Gajanan Namdev Borikar and others. -: VERSUS :- The State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 11, 2010. Heard Shri S.D. Khati, learned Counsel for Petitioners, Shri Fulzele, learned A.G.P. for respondent No.1 and Shri S.K. Mishra, learned Counsel for respondent no.2. Shri Khati, learned counsel states that because of the revised FSI norms, an application for amendment has been moved before this Court. He further states that a revised building plan for sanction is also submitted to the Municipal Corporation. However, the learned Counsel is not in a position to point out how the violation of marginal space requirement can be condoned. It is an admitted position that before the trial Court no certificate issued by any 2 competent architect expressing possibility of such regularization or compounding is filed. It is also an admitted position that along with the amendment application stated to be filed before this Court, there is no such certificate or opinion of the Architect. It is pertinent to note that the petitioners who have raised illegal construction, only by obtaining court orders and keeping the matter pending in court, succeeded in protecting their construction. Both the Courts have applied their mind to the controversy and there is no jurisdictional error or perversity. Writ Petition is therefore dismissed with no order as to costs. The amount of Rs. 25,000/- deposited by the petitioner, be refunded to him. JUDGE Rgd.