* 1 * W.P.-2110-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2110 OF 2009 The Kamgar Swa-Sadan Co-op Hsg. Soc.Ltd & Ors. .... Petitioners. V/S. The State of Maharashtra & Ors. .... Respondents. ------- Mr. V.Y. Sanglikar, Advocate for the petitioners. Mr. G.W. Mattos, AGP for respondents no.1 to 3. CORAM : D.K. DESHMUKH, & SMT. R.P. SONDURBALDOTA, JJ. DATED : 20th JULY, 2010. P.C. :- 1. The petitioners have applied for permission to develop the property under Regulation 33(7) of DCR 1991/1999. MHADA rejected that application on the ground that the building of the petitioner is not a cessed building. 2. We have perused Regulation 33(7). The learned counsel appearing for the petitioners, first submits that his case is covered by * 2 * W.P.-2110-09 the third proviso to Regulation 33(7) because the building is unsafe since prior to Monsoon of 1997. However, admittedly there is no declaration made by Mumbai Building Repairs and Reconstruction Board to that effect. Therefore, the third proviso to Regulation 33(7) is not attracted. Admittedly, the building is not a cessed building, therefore is not covered by the Maharashtra Housing and Area Development Act, 1966. 3. We do not see any trace of illegality in the order impugned. Petition rejected. [D.K. DESHMUKH, J] [SMT. R.P. SONDURBALDOTA, J]