IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.NO. 1238/2008 Jayantilal Dhanji Gohil Appellant Vs. The Municipal Corporation of Greater Mumbai Respondent Mr.R.M.Nakhwa with Mr.Vasant Dhawan Mr.Y.S.Jahagirdar ,Sr.Counsel with Mr.Sameer Bhalekar for Res.4 to 9 CORAM: S.J.VAZIFDAR,J. DATE : 5th December,2008 P.C. I am not inclined to interfere with the impugned order. The stair case which is allegedly wrongly demolished was up to the second floor . It was then contended that by demolishing the stair case the respondent no.1 is availing of 1440 sq.ft.FSI which they have utilised for the adjoining building.The society of the building in which the appellant resides has not raised any objection. The other 29 members have not raised any objection. The plaintiff/appellant has raised an objection. His share even assuming his case is correct would be to the extent of about 45 sq.ft.FSI which can be compensated in terms of money . I do not suggest that compensation in terms of money is an answer to the illegality .However,the question as to whether it is illegal or not is yet to be decided. I see no reason to prevent the B.M.C.from issuing a completion certificate on this ground which would affect the rights of various third parties as well. In the circumstances A.O.is dismissed.