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.8241 OF 2008 PETITION NO.8241 OF 2008 PETITION NO.8241 OF 2008 Prabhu Darshan Apartments ..Petitioner V/s. Additional Chief Secretary Urban Development Dept. & Ors. ..Respondents WITH WRIT WRIT WRIT PETITION NO.8243 OF 2008 PETITION NO.8243 OF 2008 PETITION NO.8243 OF 2008 Ganesh Darshan ..Petitioner V/s. Additional Chief Secretary Urban Development Dept. & Ors. ..Respondents WITH WRIT WRIT WRIT PETITION NO.8253 OF 2008 PETITION NO.8253 OF 2008 PETITION NO.8253 OF 2008 Sai Mahal Apartments ..Petitioner V/s. Additional Chief Secretary Urban Development Dept. & Ors. ..Respondents WITH WRIT WRIT WRIT PETITION NO.8376 OF 2008 PETITION NO.8376 OF 2008 PETITION NO.8376 OF 2008 Ram Murlidhar Sharma & Ors. ..Petitioner V/s. Additional Chief Secretary Urban Development Dept. & Ors. ..Respondents WITH WRIT WRIT WRIT PETITION NO.8188 OF 2008 PETITION NO.8188 OF 2008 PETITION NO.8188 OF 2008 Minerva Apartments ..Petitioner V/s. Additional Chief Secretary Urban Development Dept. & Ors. ..Respondents WITH WRIT WRIT WRIT PETITION NO.8242 OF 2008 PETITION NO.8242 OF 2008 PETITION NO.8242 OF 2008 Balaji Palace ..Petitioner V/s. Additional Chief Secretary Urban Development Dept. & Ors. ..Respondents : 2 : ....... Mr. J.S. Chandanani for the petitioners Mr. A.I. Patel, AGP for the State Mr. S.M. Kamble for respondent No.3 in WP-8241, 8243, 8376, 8188 and 8242 of 2008 Mr. Vijay Patil for respondent No.3 in WP-8253 of 2008 ....... CORAM CORAM CORAM : SHRI V.R. KINGAONKAR, J : SHRI V.R. KINGAONKAR, J : SHRI V.R. KINGAONKAR, J DATE DATE DATE : 24TH DECEMBER, 2008 : 24TH DECEMBER, 2008 : 24TH DECEMBER, 2008 P.C.: 1. By consent of learned advocates for the parties, the following arrangement is made in order to put an end to the dispute as regards the nature of unauthorized construction and identity thereof. 2. The petitioner to furnish revised proposal alongwith a map drawn by registered Architect for consideration of the designated authority within a period of 3 weeks. 3. If the revised plan as mentioned above is not submitted within 3 weeks, then the designated authority shall determine the issue about unauthorized structure and would be at liberty to remove the same. 4. In case, the revised plan is submitted within : 3 : the above period by the petitioner, then the designated authority i.e. respondent No.2 would take appropriate decision within a period of 6 weeks after giving due hearing to the petitioner in accordance with law. 5. The petitioner to submit an undertaking that the decision of the designated authority would be immediately complied within a week, without raising any further objection and that the unauthorized structure shall be removed by the petitioner at his own costs and on failure to do so, the same may be removed by the respondent Nos.2 and 3 at the costs of the petitioner. 6. The Petitions are disposed of in the aforesaid terms. (V.R.KINGAONKAR, (V.R.KINGAONKAR, (V.R.KINGAONKAR, J) J) J)