ORDER :

Arijit Pasayat, J.

Leave granted.

2. Challenge in these appeals is to the judgment of the Bombay High Court which while holding that Regulation 33 (7) of the Development Control Regulations, 1991 (in short the 'Regulations') for the city of Mumbai as amended in the year 1999 does not suffer from any illegality, further observed that the same applies only to dilapidated buildings of 'A' category which satisfy the requirement and those declared prior to the monsoon of 1997 under 3rd proviso are covered under Regulation 33(7) and are entitled to extra "Floor Space Index" (in short 'FSI'). It also directed that certain site space has also to be provided.

3. The conclusions essentially are as follows:

"For the reasons stated above, we hold that the petition is very much maintainable and we read the provisions of the first part of D.C. Regulation 33 (7) to cover only the privately owned dilapidated buildings which require reconstruction and where the cost of structural repairs exceeds the monetary requirement specified under Section 88(3) of the MHAD Act (vis. Rs. 1200/- per sq. meter as of now).

In the circumstances, prayer (b) of the petition deserves to be accepted though not prayer