1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3687 OF 2008 Meena Apartments Petitioners vs. Additional Chief Secretary, Urban Development Department & ors. Respondents Mr.J.S.Chandnani for the petitioner. Mr.P.P.Kakade, AGP for respondents 1, 2 and 4. Mr.Vijay Patil for respondent no.3. CORAM : R.V. MORE,J. DATED : 6th August, 2008 P.C. Heard the learned counsel for the respective parties. 2. The petitioner had made a proposal for regularisation of unauthorised construction with Designated Authority, the respondent no.2. The said proposal was rejected and thereafter an Appeal came to be preferred before respondent no.1. The same was also dismissed by the order which is impugned in the present writ petition. 3. The petitioner has filed an Affidavit, in this petition on 14.7.2008. The petitioner has annexed with this affidavit a copy of letter dated 15.4.2008 2 addressed to the respondent no.2. By this letter, the petitioner informed the respondent no.2 that the balconies which are affected by the existing road, have already been removed by it and the Architect’s certificate and recent photographs to that effect are enclosed along with the application. The petitioner has also shown its willingness to remove any portion of the construction if the same is affecting the existing road. 4. In these changed circumstances, in my considered view, this petition can conveniently be disposed of by the following order: ORDER ORDER ORDER (i) The respondent no.2 is directed to consider the petitioner’s application/letter dated 15.4.2008 copy of which is annexed at page 51 to this petition afresh in accordance with law, as expeditiously as possible and in any case within a period of two months from the date of receipt of this order. (ii) Needless to mention that respondent no.2, before considering the petitioner’s fresh proposal given under its letter dated 15.4.2008, will verify the fact of removal of offending structure with the help of Committee of Experts. 3 (iii) The respondent no.2 before taking any decision, will hear the petitioner and the petitioner is also at liberty to submit additional documents, if necessary. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]