A division bench of Chief Justice Swatanter Kumar and Justice J P Devadhar has directed the engineer of the Building Proposal department of the corporation to be present on February 27 with the measurements to verify the discrepancies pointed out by the petitioner.

The court cautioned that if the measurements are not correct, it would take action.

Khan has built a six-storey building behind his bungalow Mannat. A Public Interest Litigation (PIL) filed by city-based NGO Bhrashtachar Nirmulan Sanghatana had alleged that the building had encroached on a proposed road in the development plan.

The corporation had earlier told the court that there had been no deletion of road line bordering actor Shahrukh Khan’s bungalow at Bandra waterfront.

Petitioner Manav Joshi in his affidavit following a joint inspection of the site stated that the balcony, if the building is extended to the road, does not have the mandatory open space of 3.6 metres from all the sides. It is further stated that there is no scope for fire protection as the road is too narrow — 5.35 metres instead of 9 metres— as per the DC rules.

“Despite the violations of provisions of DC rules, the commissioner of the BMC exercised his discretionary powers which could not have been done by him,” the affidavit stated.

However, an affidavit filed by Shah Rukh’s wife Gauri has denied these allegations by stating that an application for the deletion of the 9.15 metre road line and its restoration to its original width is pending before the corporation. “Pending its approval, I have not taken any advantage of the additional FSI,” she stated. She also stated that the redevelopment of building had been done after obtaining a NOC from the Mumbai Heritage Conservation Committee and also that the skyline had been maintained.

Finally, she denied that the commissioner could not have exercised his discretionary powers and had overlooked any shortcomings in the construction and granted concessions.