: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1050 OF 2008 WITH CIVIL APPLICATION NO.1278 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.A.R. Mishra for the Appellant. Mrs.Geeta Joglekar for the Respondent - B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 11TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. The learned Judge has protected the ground floor of the structure admeasured 56.7843 sq.mtrs. and 61.8029 sq.mtrs. stated to be "Potmala". 3. Prima-facie it appears that the "Potmala" even prior to the road widening admeasuring about 61.00 sq.mtrs. Notice under Section 351 of the B.M.C. Act : 2 : impugned in the suit refers to the second floor structure and the first floor structure. The first floor structure is stated to admeasure 13 ft. x 63 ft. 4. The impugned order requires to be modified to the extent of granting further protection of an area of 21.88 sq.mtrs. only on the first floor and only to the extent of the total height of the structure being 20 ft. This is in view of the permission granted in the year 2000 (page 38 of this Appeal from Order). By the said permission the owner was granted permission to carry out repairs by way of horizontal / vertical extension of an area admeasuring 21.88 sq.mtrs. in lieu of the area demolished in the road widening. Thus in addition to what may have been in existence earlier, prima-facie the Appellant is entitled to construct an area of 21.88 sq.mtrs. 5. In the circumstances, the impugned order is modified by protecting the structure to the extent of only an additional area of 21.88 sq.mtrs with the : 3 : clarification that the same will be only on the first floor. Further there will be no protection to the structure in excess of a height of 20 ft. It is further clarified that there will be no protection to any second floor premises. 6. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.