bsb 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.7912 OF 2008 PETITION NO.7912 OF 2008 PETITION NO.7912 OF 2008 Lalsai Market ... Petitioner v/s 1. Addl. Chief Secretary, Urban Development Department Mantralaya, Mumbai & ors. ... Respondents Mr.J.S.Chandnani for the petitioner. Mr.Sameer Patil, A.G.P. for Resp. Nos.1, 2 and 4. Mr.S.M.Kamble for the respondent No.3. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 5TH DECEMBER, 2008 5TH DECEMBER, 2008 5TH DECEMBER, 2008 P.C. P.C. P.C.: 1. The petitioner has challenged the order passed by the designated authority on 17.8.2007 as well as the appellate authority on 22.9.2008. By these orders, both the authorities have found taht the petitioner’s construction exceeds the permissible FSI 4. Accordingly, the appellate authority has directed the petitioner to submit revised plans in order to comply with the permissible FSI. It appears that the petitioner has not done so as yet. 2. The petition can be disposed of by directing the 2 petitioner to submit its fresh proposal to the Designated Authority within two weeks from today. The Designated Authority to consider the representation submitted by the petitioner society alongwith the revised plan. The designated authority will consider the same uninfluenced by the reasons mentioned in the earlier order passed by it as well as the appellate authority. 3. The expert committee assisting the designated authority will physically verify the site and measurements of the structure, in the presence of the representative of the petitioner society, in order to ascertain whether the F.S.I. would be 3.99 on the basis of the revised plan submitted by the petitioner. Till such exercise is carried out, the offending structure will not be demolished. 4. Writ petition disposed of accordingly.