Judgment 1. Heard Mr. Jay Ram Singh, learned counsel for the petitioner and Mr. Pavan Kumar Mishra learned counsel for Patna Regional Development Authority. 2. The petitioner is aggrieved by part of the order by which the Municipal Commissioner has ordered for demolition of its construction. The subject matter is a Balcony of 30 cms. and a projection of 50 cms. Admittedly, those projections both of which are less than 60 cms. are within the petitioners land and do not encroach any public road. 3. The significance of 60 cms is that as per Building Bye-Laws 20.1.4(a) Projection into open space of upto 60 cms. beyond is permissible. This mean that if a side set back of 1 metre is short then a project Upto 60 cms. within this one metre is permitted. If that is taken into account then the projection of Balcony and the other projection are well within 60 cms. permissible and are within the petitioners own land. 4. In my view, this would be within the exception, as contained in Building Bye-Laws 20.1.4(a). 5. In that view of the matter that part of the order of the Municipal Corporation passed in Vigilance Case No. 615A/06 cannot be sustained and is accordingly quashed. The result is that now no part of the petitioners building is to be demolished. This, however, is subject to the payment of condonation fee as specified therein and on non-payment thereof within the time specified in the said order, the authorities would be free to take such action, as advised in law. 6. With the above observation and direction, this writ petition is allowed.