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.3593 OF 2009 PETITION NO.3593 OF 2009 PETITION NO.3593 OF 2009 Kaushalya Choudhary & Ors. ... Petitioners V/s. Additional Chief Secretary, . Urban Development Dept. & Ors. ... Respondents Mr.J.S. Chandnani for the Petitioners. Mr.S.S. Kamble for the Respondent No.1. Mr.P.P. Kakade, AGP, for Respondent-State. CORAM CORAM CORAM : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. DATE DATE DATE : 15TH APRIL, 2009. : 15TH APRIL, 2009. : 15TH APRIL, 2009. P.C.: P.C.: P.C.: 1. The petitioners have challenged the order passed in November, 2008 by the appellate authority which has been forwarded to the petitioner by a letter dated 4th December, 2008. By this order, the appellate authority has held that the construction of the petitioner exceeds FSI 4.00 which is the permissible limit. 2. This order has been passed after the petitioners preferred an appeal against the order passed by the designated authority which also held that the petitioners have exceeded the permissible FSI limit. 3. The petitioners contend that if the FSI is calculated correctly, their construction would not exceed the permissible limit. It is submitted that the authorities have taken into consideration the balconies, the stairways and the lift space while calculating the FSI, although there is a notification issued by the Government which directs that the certain areas of a construction are not to be included while calculating the FSI. 4. The petitioners also submit that certain other concessions which are permissible with regard to FSI have also not been considered by the authorities. They further contend that although notice was issued to them stating that they are required to remove the offending structure, no notice was issued to them when the expert committee visited the site either at the behest of the designated authority or after the appellate authority was ceased of the matter. It is, therefore, submitted that unless the petitioners are given some kind of intimation or reasons or grounds on which the FSI has been found in excess of the permissible limit, it is difficult for the petitioners to meet the case of the respondents. 5. Several such matters have come up before me and it has been noticed that orders are being passed in a cursory manner without indicating as to how the FSI is in excess of 4.00. Unless the authorities concerned indicate to the owner of the offending structure as to how the FSI is in excess of the permissible limit, it would be difficult for such a person to prefer an appeal, if necessary. Therefore, it would be advisable for both the designated authorities as well as the appellate authority to indicate cogent reasons for which they find that the offending structure exceeds the permissible FSI limit. This would ensure that litigation of the present kind in such matters is controlled to some extent. Besides, the owner of an offending structure must be intimated the time when the Expert Committee so that he can be present if he so desires. 6. This petition can be disposed of conveniently by directing the petitioners to submit a fresh proposal to the Designated Authority within a period of two weeks from today. The Designated Authority shall consider the representation and proposal submitted by the petitioners alongwith the revised plan, if any. The Designated Authority will consider the same, uninfluenced by the reasons mentioned in the earlier order passed by him as well as by the Appellate Authority. 7. The expert committee assisting the Designated Authority will physically verify the site and take measurements of the offending structure in the presence of the representative of the petitioners in order to ascertain whether the FSI was within the permissible limit. Till such exercise is carried out, the offending structure will not be demolished. 8. The writ petition stands disposed of accordingly. .....