1 Wp678.97 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.678 OF 1997 ... Evershine Enterprises ...Petitioners v/s. Brihanmumbai Municipal Corporation and ors. ...Respondents ... Mr.D.D.Madon, Sr.Advocate with Mr.Gaurav Joshi i/b S.K.Legal & Associates for the Petitioners. Ms.Priti Purandare for BMC. ... CORAM: D.K.Deshmukh & Anoop V. Mohta, JJ DATED: 2nd May, 2011 P.C.: 1. The learned Counsel appearing for the Corporation states that in case the Petitioner submits appropriate building plan, the Deputy Chief Engineer, Suburb Building Proposals Department will consider it in accordance with law. Statement is accepted. 2 Wp678.97 2. The grievance of the Petitioner in this petition is that though for the land acquired from the plot of the Petitioner by order dated 16-11-1996, the Petitioner is entitled to FSI while considering the building plan submitted by the Petitioner, the Petitioner has not been given advantage of that FSI. It is common ground that pursuant to the interim order passed in this petition dated 23-6-1997 the Petitioner has submitted building plan and a building has been constructed on the plot. The Petitioner wants to raise some additional construction on the plot because according to the Petitioner he is entitled to do so in view of the order dated 16-11-1996 and also because the Petitioner is entitled to load TDR which the Petitioner has purchased on this plot. 3. Taking overall view of the matter, therefore, in our opinion, following order would meet the ends of justice. O R D E R (i) In case the Petitioner, within a period of eight weeks from today submits a building plan to the Deputy Chief Engineer, Suburb Building Proposals Department, 3 Wp678.97 containing a proposal for construction of building on the plot which is subject matter of this petition, the Deputy Chief Engineer shall consider that plan in accordance with law as also in consonance with the order dated 16-11-1996, copy of which is at Exh.H to the petition and pass appropriate order on that building plan within a period of eight weeks from the date of receipt of the building plan. (ii) In case the Deputy Chief Engineer proposes to reject the building plan in part or fully, he shall do so by a reasoned order. (iii) This order will not come in the way of the Petitioner in applying for Development Right Certificate (DRC), because of acquisition of land of the Petitioner from the plot which is subject matter of this petition, if the Petitioner is otherwise entitled to do so in accordance with law. (iv)In case such an application is made, the Deputy Chief Engineer shall deal with that application in accordance with law and pass appropriate order on that application 4 Wp678.97 within a period of eight weeks from the date on which such an application is made. (v)Petition disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)