1. ' We have examined the contents of the reply of the show-cause notice nonappearance of the Chief Controller of Building was not intentional. We discharge the show-cause notice.
2. ' We have informed that the plan of the property in question, which has been impugned in these proceedings have been regularized. The Chief Controller of Buildings stated that the regularization was within the ambit of plot. The counsel for the petitioner on the other hand states that during the construction the wall and the floor of the petitioner's residence were damaged.
3. ' Since the counsel are amicably settling the matter, therefore, we direct the counsel for respondents Nos.2 to 5 to deposit a sum of Rs.150,000 (Rupees one hundred fifty thousand only) with the Nazir of this Court, which amount shall be paid to A the petitioner as compensation for the alleged damage of the floor and the wall. The respondents Nos.2 to 5 shall continue with the construction strictly in accordance with the approved/revised plan. It is made clear that respondents Nos.2 to 5 would not be entitled to dispose of the property in units and instead would be entitled to dispose of the property as a whole. The respondents Nos.2 to 5 claims that they are real brothers and they would be occupying these premises for their personal use and do not have the intention to dispose of them as unit.
4. ' Since we have already compensated the petitioner for the alleged damage and same time respondents Nos.2 to 5 had given the statement through the counsel that the property as and when sold would be disposed of as a whole and not unit-wise. The interest of the petitioner is secured and even otherwise the construction is raised within the parameter of revised plan. We feel that this petition has achieved the purpose and is accordingly disposed of in the above terms with the listed application. The amount shall be deposited by the respondents Nos.2 to 5 with the Nazir of this Court within two weeks from today and the petitioner would be entitled for withdrawal of the same amount notice by approaching the Nazir, who shall disburse the amount so deposited by the respondents Nos .2 to 5 to the petitioner on proper verification.