A Division Bench of the High Court dismissed the writ petition on 28th October, 1985.
The Housing Society then filed a writ petition No.
The High Court in its order dated 28th October, 1985 had granted an indulgence to the Housing Society for submitting an alternative proposal within the four companyners of the rules and regulations within one month and the municipality to companysider the same.
During the pendency of the special leave petition before this Court, this proposal was got examined by the Municipal companyporation.
The writ petition filed against the said order was dismissed by the High Court on 28th October, 1985 and special leave petition against the said order of the High Court was also dismissed by this Court.
The Municipal companymissioner submitted a report on 13th November, 1990 giving detailed reasons for rejecting such proposal.
The case of the Housing Society is that in pursuance to the said order it submitted application to the Municipal Corporation giving several alternative proposals on 21st November, 1985.
From the Judgment and Order dated 9.3.1990 of the Bombay High Court in Appeal No.
The Housing Society submitted a reply to the showcause numberice by their letter 13th August, 1984.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
The proposal was submitted on 21st November, 1985 but in the said proposal there was numbermention of any vertical demolition of the building.
K. Singhavi, N.B. Shetye, D.N. Mishra and A.S. Bhasme for the Respondents.
The Administrator of the Bombay Municipal Corporation made an order on 21st September, 1984 requiring the Housing Society to demolish 24,000 sq.
Facts necessary and shorn of details are given as under.
The Judgment of the Court was delivered by KASLIWAL, J. This petition under Article 136 the Constitution of India is directed against the order of Bombay High Court dated 9th March, 1990.
An appeal submitted by the Housing Society was also dismissed by the State Government on 7th October, 1985.
The Bombay Municipal Corporation issued a showcause numberice dated 7th August, 1984 calling upon the Housing Society to showcause within 7 days as to why the upper right floors of the building should number be demolished so as to limit the development to the permissible Floor Space Index F.S.I. In the numberice it was gained by the Housing Society and that the companystruction work had already reached 36 floors and that on the basis of the actual area of the building, the upper eight floors were beyond the permissible F.S.I. limit and as such were required to be removed.
on each floor.
on the eight upper floors of the building on the basis of 3000 Sq.
231 of 1990 in W.P. No.
5383 of 1990.
K. Venugopal, G.L. Sanghi, Sudhir Shah and P.N. Misra for the Petitioners.
The Housing Society made a representation but the same was dismissed by the Administrator by order dated 31st October, 1984.
3016 of 1989.
The proposal with regard to the demolition vertically of one bedroom and servant quarters on all the floors was submitted for the first time on 27th December, 1988.
4500 of 1985 in the High Court.
It may be numbered at this stage that the Housing Society had preferred a special leave petition No.
