1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No.387/2006 [Vitthaldas Aidan Mohta and two others .vrs. Municipal Corporation of Akola] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. R.L. Khapre, Advocate for the appellants, Mr. R.M. Mardikar, Advocate for the respondent. .......... Coram : B.P. Dharmadhikari, J. Dated : 11 th February, 2009. Perusal of various orders passed by this court from time to time revealed that the appellants/original plaintiffs had shown readiness and willingness to bring his construction within four corners of law. In view of various orders passed in the matter, on 15.1.2009 the Municipal Corporation has filed a report and the said report is also incorporated in communication dated 31.1.2009. As per the said communication, the marginal space on southern side is violated and when the plan required the appellants to leave one meter open space on southern side actually ½ meter only is left open. 2 Advocate Mardikar for respondent, therefore, states that the said marginal space must be restored and must be left open to sky. Advocate Khapre, upon instructions from the appellants, states that the appellants will remove the part of said offending construction from the southern side so as to leave marginal space of one meter open to sky. He further states that remaining structure in excess of FSI shall be removed from second floor so as to fulfill requirement of FSI in the matter. It is to be noted that on earlier occasion the appellants had stated that the structure shall be removed from second floor only. Advocate Khapre now states that after leaving marginal space one meter on southern side, the balance structure in excess shall be removed from second floor and the requirement of FSI will be met with. In view of this statement, it is apparent that the appellants/original plaintiffs has shown readiness and willingness to bring his structure within four corners of law. Hence, time till 15.8.2009 is given to the appellants/plaintiffs to comply with the order. If the order is not complied with, the respondent shall thereafter be free to proceed to remove offending structure in accordance with law. 3 In view of this, it is apparent that till 15.8.2009 respondent cannot proceed to take any action against the present appellants. No further orders are required to be passed and the appeal is disposed of as compromised. JUDGE Gulande