346 Form ------------ in replying please quote No. 88 and date of this letter. Intimation of Disapproval under Section 346 of the Mumbai Municipal Corporation Act, as amended up to date. No. CHE/WS/5048/K/E/337(NEW) MEMORANDUM Municipal Office, Mumbai To, Ramesh Tukaram Marathe - Secretary of Deepanjali CHS Ltd. Deepanjali CHS Ltd., Shahaji Raje Marg, Vile Parle (E), Mumbai-400057 With reference to your Notice 337 (New) , letter No. 2884 dated. 8/10/2018 and the plans, Sections Specifications and description and further particulars and details of your buildings at Redevelopment of society building known as “ Deepanjali CHS Ltd.”,on plot bearing C.T.S.No. 252/6, Shahaji Raje Marg, Vile parle (E), Mumbai- 400057., CTS NO.252/6 furnished to me under your letter, dated 8/10/2018. I have to inform you that, I cannot approve of the building or work proposed to be erected or executed, and I therefore hereby formally intimate to you, under Section 346 of the Mumbai Municipal Corporation Act as amended up to-date, my disapproval by reasons thereof :- A: CONDITIONS TO BE COMPILED WITH BEFORE STARTING THE WORK. 1 That the Consent/Registered Agreement with the existing tenants/occupants along with the list will not be submitted before C.C. 2 That the compound wall shall not be constructed on all sides of the plot clear of road widening line with foundation below the bottom of road side drain without obstructing the flow of rain water from the adjoining holding to prove possession of holding before starting the work as per D.C.Regulation No. 38(27). 3 That the Registered undertaking cum indemnity bond from the applicant / developer stating that the permission granted for proposed development will not be used as tool to vacate the existing members of society/ tenants / occupant shall not be submitted. 4 That the appointment and acceptance of Structural Engineer as per appendix XI (regulation 5(3)(ix)shall not be submitted & the requisitions of clause 49 of DCPR 2034 regarding structural design, structural safety, quality of materials and workmanship & tests etc. shall not be maintained on site till completion of the entire work. 5 That the regular / sanctioned / proposed lines and reservations shall not be got demarcated at site through A.E. [Survey] / E.E. [T&C] / E.E.[D.P.] / D.I.L.R. Page 1 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) 6 That the requirements of N.O.C. of (i) Power supply company, [ii] S.G. [iii] P.C.O. shall not be submitted. 7 That “All Dues Clearance Certificate” related to H.E.’s dept. from the concerned A.E.W.W.[K/East Ward] shall not be submitted before applying for C.C. 8 That the NOC from A.A. & C.,K/East Ward shall be submitted. 9 That the C.C. shall not be asked unless payment of advance for providing treatment at construction site to prevent epidemics like Dengue, Malaria, etc. is made to the Insecticide Officer of the concerned Ward Office and provision shall be made as and when required by the Insecticide Officer for inspection of water tanks by providing safe but stable ladder, etc. and requirements as communicated by the Insecticide Office shall not be complied with. 10 That the Janata Insurance Policy in the name of site or policy to cover the compensation claims arising out of workman's compensation Act 1923 shall not be taken out before starting the work and also shall not be renewed during the construction work. 11 That the owner/developer shall not display a board at site before starting the work giving the details such as name and address of the owner / developer, architect and structural engineer, approval no. and date of the layout and building proposal, date of issue of C.C., area of the plot, permissible built up area, built up area approved, number of floors etc. 12 That the sheet piling along with diaphragm wall within plot boundary shall not be constructed taking all the precautionary measures under the strict supervision of registered Structural Engineer before Actual work of basement is taken in hand after issue of C.C. 13 That the NOC from Collector, MSD for cutting, excavation etc. on plot under reference shall not be obtained. 14 That all the structural members below the ground shall not be designed considering the effect of chlorinated water, sulphur water, seepage water, etc. and any other possible chemical effect and due care while constructing the same shall not be taken and completion certificate to that effect shall not be submitted from the Licensed Structural Engineer. 15 That the work shall not be carried out between 6.00 am to 10.00 pm and the provision of Notification issued by Ministry of Environment & Forest Department dated 14.02. 2000 and Rules framed for noise pollution (Regulation & Control) Rules 2000 shall not be duly observed. 16 That all the conditions and directions specified in the order of Hon’ble Supreme Court dated15/03/2018 in Dumping Ground case shall not be complied with before starting demolition of structures and/or starting any construction work. 17 That adequate safeguards in consultation with SWM Dept. of MCGM for preventing dispersal of particles through air and the construction debris generated shall not be deposited at designated sites as approved by MCGM. 18 The construction and Demolition waste shall not be handled and transported to the designated unloading site as per SWM NOC Online Remarks u/no. SWM/002272/2018/K/E/WS dated 24 Nov 2018 and comply with all conditions mentioned in the said NOC. 19 The work of demolition shall not be carried out under the supervision / Guidance of Licensed Structural Engineer & expert demolition contractor. 20 That the G.I. Sheet screens at plot boundaries upto adequate height to avoid dust nuisance shall not be provided before demolition of existing building. Page 2 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) 21 That the record of C & D generated & transported on designated dumping site shall not be maintained and uploaded on MCGM Auto DCR system within 48 hrs. 22 Any breach of condition regarding debris disposal will not entail the cancellation of the building permission or IOD & the work shall not be liable to be stopped immediately. 23 This IOD is provisional and upto plinth and issued under E.O.D.B., on the basis of terms and conditions mentioned in the R.U.T. cum Indemnity Bond by the Applicant. 24 This IOD is without Prejudice to Legal matters pending in Court of Law if any. 25 Indemnity Bond indemnifying MCGM and its officers against any legal consequences on account of ownership dispute if any. 26 That the existing structure proposed to be demolished shall not be demolished before C.C. 27 That the appointment and acceptance of site supervisor shall not be submitted. 28 That the NOC from Society and General Body Resolution of Society for the proposed development shall not be submitted before asking for C.C. Page 3 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) ( ) That proper gutters and down pipes are not intended to be put to prevent water dropping from the leaves of the roof on the public street. ( ) That the drainage work generally is not intended to be executed in accordance with the Municipal requirements. Subject to your so modifying your intention as to obviate the before mentioned objections and meet by requirements, but not otherwise you will be at liberty to proceed with the said building or work at anytime before the day of but not so as to contrivance any of the provision of the said Act, as amended as aforesaid or any rule, regulations or bye-law made under that Act at the time In force. Your attention is drawn to the Special Instructions and Note accompanying this Intimation of Disapproval. Executive Engineer, Building Proposals, Zone, Wards. SPECIAL INSTRUCTIONS 1. THIS INTIMATION GIVES NO RIGHT TO BUILD UPON GROUND WHICH IS NOT YOUR PROPERTY. 2. Under Section 68 of the Bombay Municipal Corporation Act, as amended, the Municipal Commissioner for Greater Mumbai has empowered the City Engineer to exercise, perform and discharge the powers, duties and functions conferred and imposed upon and vested in the Commissioner by Section 346 of the said Act. 3. Under Byelaw, No. 8 of the Commissioner has fixed the following levels :- "Every person who shall erect as new domestic building shall cause the same to be built so that every part of the plinth shall be- a) Not less than, 2 feet (60 cms.) above the center of the adjoining street at the nearest point at which the drain from such building can be connected with the sewer than existing or thereafter to be- laid in such street b) Not less than 2 feet (60 cms.) Above every portion of the ground within 5 feet (160 cms.)-of such building. c) Not less than 92 ft. ([!TownHall]) above Town Hall Datum. 4. Your attention is invited to the provision of Section 152 of the Act whereby the person liable to pay property taxes is required to give notice of erection of a new building or occupation of building which has been vacant, to the Commissioner, within fifteen days of the completion or of the occupation whichever first occurs. Thus compliance with this provision is punishable under Section 471 of the Act irrespective of the fact that the valuation of the premises will be liable to be revised under Section 167 of the Act, from the earliest possible date in the current year in which the completion on occupation is detected by the Assessor and Collector's Department. 5. Your attention if further drawn to the provision of Section 353-A about the necessary of submitting occupation certificate with a view to enable the Municipal Commissioner for Greater Mumbai to inspect your premises and to grant a permission before occupation and to leavy penalty for non-compliance under Section 471 if necessary. 6. Proposed date of commencement of work should be communicated as per requirements of Section 347 (1) (aa) of the Bombay Municipal Corporation Act. 7. One more copy of the block plan should be submitted for the Collector, Mumbai Suburbs District. 8. Necessary permission for Non-agricultural use of the land shall be obtained from the Collector Mumbai Suburban District Page 4 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) before the work is started. The Non-agricultural assessment shall be paid at the site that may be fixed by the Collector, under the Land Revenue Code and Rules there under. Attention is drawn to the notes Accompanying this Intimation of Disapproval. Page 5 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) No. EB/CE/ /BS /A/ NOTES 1) The work should not be started unless objections are complied with 2) A certified set of latest approved plans shall be displayed on site at the time of commencement the work and during the progress of the construction work. 3) Temporary permission on payment of deposit should be obtained any shed to house and store for construction purpose, Residence of workmen shall not be allowed on site. The temporary structures for storing constructional material shall be demolished before submission of building completion certificate and certificate signed by Architect submitted along with the building completion certificate. 4) Temporary sanitary accommodation on full flushing system with necessary drainage arrangement should be provided on site workers, before starting the work. 5) Water connection for constructional purpose will not be given until the hoarding is constructed and application made to the Ward Officer with the required deposit for the construction of carriage entrance, over the road side drain. 6) The owners shall intimate the Hydraulic Engineer or his representative in Wards atleast 15 days prior to the date of which the proposed construction work is taken in hand that the water existing in the compound will be utilised for their construction works and they will not use any Municipal Water for construction purposes. Failing this, it will be presume that Municipal tap water has been consumed on the construction works and bills preferred against them accordingly. 7) The hoarding or screen wall for supporting the depots of building materials shall be constructed before starting any work even though no materials may be expected to be stabled in front of the property. The scaffoldings, bricks metal, sand preps debris, etc. should not be deposited over footpaths or public street by the owner/ architect /their contractors, etc without obtaining prior permission from the Ward Officer of the area. 8) The work should not be started unless the manner in obviating all the objection is approved by this department. 9) No work should be started unless the structural design is approved. 10) The work above plinth should not be started before the same is shown to this office Sub-Engineer concerned and acknowledgement obtained from him regarding correctness of the open spaces & dimension. 11) The application for sewer street connections, if necessary, should be made simultaneously with commencement of the work as the Municipal Corporation will require time to consider alternative site to avoid the excavation of the road an footpath. Page 6 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) 12) All the terms and condition of the approved layout /sub-division under No. of should be adhered to and complied with. 13) No Building /Drainage Completion Certificate will be accepted non water connection granted (except for the construction purpose) unless road is constructed to the satisfaction of the Municipal Commissioner as per the provision of Section 345 of the Bombay Municipal Corporation Act and as per the terms and conditions for sanction to the layout. 14) Recreation ground or amenity open space should be developed before submission of Building Completion Certificate. 15) The access road to the full width shall be constructed in water bound macadam before commencing work and should be complete to the satisfaction of Municipal Commissioner including asphalting lighting and drainage before submission of the Building Completion Certificate. 16) Flow of water through adjoining holding or culvert, if any should be maintained unobstructed. 17) The surrounding open spaces around the building should be consolidated in Concrete having broke glass pieces at the rate of 12.5 cubic meters per 10 sq. meters below payment. 18) The compound wall or fencing should be constructed clear of the road widening line with foundation below level of bottom of road side drain without obstructing flow of rain water from adjoining holding before starting the work to prove the owner’s holding. 19) No work should be started unless the existing structures proposed to be demolished are demolished. 20) The Intimation of Disapproval is given exclusively for the purpose of enabling you to proceeds further with the arrangements of obtaining No Objection Certificate from the Housing Commissioner under Section 13 (h) (H) of the Rent Act and in the event f your proceeding with the work either without an intimation about commencing the work under Section 347(1) (aa) or your starting the work without removing the structures proposed to be removed the act shall be taken as a severe breach of the conditions under which this Intimation of Disapproval is issued and the sanctioned will be revoked and the commencement certificate granted under Section 45 of the Maharashtra Regional and Town Planning Act 1966, (12 of the Town Planning Act), will be with drawn. 21) If it is proposed to demolish the existing structures be negotiations with the tenant, under the circumstances, the work as per approved plans should not be taken up in hand unless the City Engineer is satisfied with the following:- i. Specific plans in respect of evicting or rehousing the existing tenants on hour stating their number and the areas in occupation of each. ii. Specifically signed agreement between you and the existing tenants that they are willing to avail or the alternative accommodation in the proposed structure at standard rent. iii. Plans showing the phased programme of constructions has to be duly approved by this office before starting the work so as not to contravene at any stage of construction, the Development control Rules regarding open spaces, light and ventilation of existing structure. Page 7 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) 22) In case of extension to existing building, blocking of existing windows of rooms deriving light and its from other sides should be done first starting the work. 23) In case of additional floor no work should be start or during monsoon which will same arise water leakage and consequent nuisance to the tenants staying on the floor below. 24) The bottom of the over head storage work above the finished level of the terrace shall not be less than 1.20 Mt.and not more than 1.80 mt. 25) The work should not be started above first floor level unless the No Objection Certificate from the Civil Aviation Authorities, where necessary is obtained. 26) It is to be understood that the foundations must be excavated down to hard soil. 27) The positions of the nahanis and other appurtenances in the building should be so arranged as not to necessitate the laying of drains inside the building. 28) The water arrangement nut be carried out in strict accordance with the Municipal requirements. 29) No new well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission in writing of the Municipal Commissioner for Greater Mumbai, as required in Section 381-A of the Municipal Corporation Act. 30) All gully traps and open channel drains shall be provided with right fitting mosquito proof made of wrought iron plates or hinges. The manholes of all cisterns shall be covered with a properly fitting mosquito proof hinged cast iron cap over in one piece, with locking arrangement provided with a bolt and huge screwed on highly serving the purpose of lock and the warning pipes of the rabbet pretested with screw or dome shape pieces (like a garden mari rose) with copper pipes with perfections each not exceeding1.5 mm in diameter. The cistern shall be made easily, safely and permanently accessible be providing a firmly fixed iron ladder, the upper ends of the ladder should be earmarked and extended 40 cms above the top where they are to be fixed as its lower ends in cement concrete blocks. 31) No broken bottles should be fixed over boundary walls. This prohibition refers only to broken bottles to not to the use of plane glass for coping over compound wall. 32) a Louvres should be provided as required by Bye0law No. 5 (b) b Lintels or Arches should be provided over Door and Windows opening c The drains should be laid as require under Section 234-1(a) d The inspection chamber should be plastered inside and outside. 33) If the proposed additional is intended to be carried out on old foundations and structures, you will do so as your own risk. Name : Prakash Rajaram Rasal Designation : Executive Engineer Organization : Municipal Corporation of Greater Mumbai Date : 29-Dec-2018 19: 40:06 Page 8 of 9 On 29-Dec-2018 No. CHE/WS/5048/K/E/337(NEW) Executive Engineer, Building Proposals Zones ……….…………….. wards. CHE/WS/5048/K/E/337(NEW) Copy To :- 1. SHOAIB ZIYAUDDIN SUGHRA SHAIKH G-1, Yellow Rose, 4, Pali Village, Pali Naka, Bandra (West) 2. Asst. Commissioner K/E Ward. 3. A.E.W.W. K/E Ward, 4. Dy.A & C. Western Suburb I 5. Chief Officer, M.B.R. & R. Board K/E Ward . 6. Designated Officer, Asstt. Engg. (B. & F.) K/E Ward , 7. The Collector of Mumbai Authority_Sign Page 9 of 9 On 29-Dec-2018