1 wp6579.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6579 OF 2010 Pradeep Dipchand Khemani & Ors. ...Petitioners vs. Addl. Chief Secretary & Ors. ...Respondents Mr.J.S.Chandnani for the petitioners Mr.R.M.Patne A.G.P. For respondent noss.1,2 & 4 Mr.Vijay Patil for respondent no.3 CORAM :A.S.OKA,J. DATE : AUGUST 26, 2010 P.C. 1 The affidavit of the petitioner is taken on record and marked `X for identification. 2 Perusal of the impugned order dated 31st July 2008 shows that the designated authority was directed to consider whether the FSI consumed by the structure of the petitioners is up to 4.00 and if it is found that the FSI is up to 4.00, the designated authority was directed to regularise the structure and pass modified order within a period of one month. The petitioner has not filed a proposal as contemplated by the order dated 31 st July 2008. As the petitioner has accepted the impugned order, time granted under the said order to submit a fresh proposal can be extended. While submitting the fresh proposal, the petitioner can always point out that the total consumed FSI does not exceed to 4.00 . 3 Hence the petition is disposed of by passing the following order : 2 wp6579.sxw i) Time to submit a proposal in terms of the order dated 31 st July 2008 is extended by a period of one month from today. ii)While submitting the proposal, it will be open for the petitioners to point out that the FSI consumed by the structure does not exceed 4.00. iii)If the fresh proposal is not submitted by the petitioners within a period of one month from today, the action of demolition shall be taken by the Municipal Corporation. iv)If the fresh proposal is submitted within the stipulated time, the Expert Committee assisting the designated Authority shall physically verify the site and take measurements of the structure. The verification and measurements shall be done with adequate prior notice to the petitioners and it will be open for the petitioners to personally remain present at that time. v) It will be open for the petitioners to depute their authorised representative at the time of carrying out measurements. vi)It is obvious that the physical verification and measurements will be for ascertaining whether the FSI is within permissible limits after deducting the area covered by the staircase and the abutting passages. If FSI consumed is only up to 4.00, action of regularization shall be taken in accordance with the policy. If the FSI exceeds 4.00, the construction exceeding permissible 4.00 shall be demolished. vii)After carrying out aforesaid exercise, the designated authority shall pass a fresh order as directed by order dated 31 st July 2008 within a period of three months from the date on which the 3 wp6579.sxw fresh proposal is submitted by the petitioners. viii)The petition is disposed of in above terms. ix)Parties to act upon an authenticated copy of this order. JUDGE