Per GOKHALE H.L., J.: - The 1st petitioner herein is a co-operative housing society having its building on Gopalrao Deshmukh Marg (formerly known as "Pedder Road") in South Mumbai. The 2nd petitioner is its Managing Committee member.

2. This writ petition under Article 226 of the Constitution of India seeks to challenge the No Objection Certificate dated 19th October 2001 issued by respondent No.2 Maharashtra Housing and Area Development Authority (MHADA) (constituted under the Maharashtra Housing and Area Development Act, 1976) in favour of respondent No.7. This N.O.C. permits respondent No.7 to demolish his old four story building "Govind Niwas" situated behind the building of the 1st petitioner Society and to construct over there a 18 storey tower for the claimed reason of housing the erstwhile 31 occupants of this building. This permission to demolish and to construct the new building with a Floor Space Index (FSI) of 2.5 is given under the Development Control Regulation (DCR) 33(7) framed under the Maharashtra Regional and Town Planning Act (MRTP Act). This high FSI is permitted with a view to accommodate the old tenants/occupiers and under Clause 13 of Appendix III to DCR 33(7

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