Dr. D.Y. Chandrachud, J.

1. Rule. Counsel for the Respondents waive service. By consent, the Rule is made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of learned counsel.

2. The First Petitioner is the owner of a plot of land being C.S. No.952 of Bhuleshwar Division, situated at 583, Jagannath Shankershett Road, Mumbai-400 002. A building consisting of a ground floor and five floors was situated on the land, having been constructed prior to 1940. The building was a Cessed `A' category building in the island city. The building was in a dilapidated condition and according to the Petitioners, had partially collapsed. On 11 April 2001, an application for redevelopment and for obtaining the No Objection Certificate of the First Respondent was submitted under Development Control Regulation 33(7) of the Development Control Regulations, 1991 (`DCR'). On 14 August 2001, the Mumbai Building Repairs and Reconstruction Board (`the Repair Board') the Second Respondent, granted its no objection for the redevelopment of the property under DCR 33(7). The no objection certificate stipulated that residential occupants of