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/WSII/3472/P/N/337(NEW) MEMORANDUM Municipal Office, Mumbai To, Samir.N.Bhalani co owner 1B, Parvati Kunj, Daulat Nagar Road No 3, Borivali(E),Mumbai 400066. With reference to your Notice 337 (New) , letter No. 7165 dated. 23/2/2018 and the plans, Sections Specifications and description and further particulars and details of your buildings at Proposed redevelopment of building on plot bearing C.T.S No 519,519/1 to 2 of village Malad(N) at Malad(W) in P/N ward., CTS NO.519,519/1 to 2 furnished to me under your letter, dated 23/2/2018. 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 Janta insurance policy shall not be submitted. 2 That the requisition of clause 45 & 46 of DCR 1991 shall not be complied with and records of quality of work, verification report etc. shall not be maintained on site. 3 That the bore well shall not be constructed in consultation with H.E Department. 4 That the work shall not be carried out between 6.00 A.M to 10.00 P.M and the provision of Notification issued by Ministry of Environment and Forest Department dated 14.02.2000 and Rules framed for Noise Pollution (Regulation & Control) Rules 2000 shall be duly observed. 5 That the Board shall not be displayed showing details of proposed work, Name of owner, developer, Architect, RCC Consultant, Site Supervisor etc. 6 That all the requisite documents/remarks from Consultant as per E.O.D.B shall not be submitted. 7 That the Registered undertaking for incorporating the clause in agreement with member/prospective buyers stating that a) That the building under reference is deficient with open spaces.b) That the buyer/member will not object the development of adjoining plot with deficient open spaces in future.c) That M.C.G.M and its officers will not held liable for failure of mechanical parking in future.d) That M.C.G.M and its offices officers will not held responsible for any disputes litigation arising due to the condonation of deficiency in open spaces.(e) That the buyers/members will make aware about the sub standrd height and multi purpose room by incorporating the suitable clause Page in the sale 1 of 9 Onagreement. 02-Jul-2018 No. CHE/WSII/3472/P/N/337(NEW) condonation of deficiency in open spaces.(e) That the buyers/members will make aware about the sub standrd height and multi purpose room by incorporating the suitable clause in the sale agreement. 8 That the N.O.C from electric supply company for size and location of electric substation shall not be submitted before C.C. 9 That the payment of Extra water and sewerage charges shall not be paid to A.E.W.W(P/North) Ward. 10 That all the conditions in NOC from SWM department obtained online in response to application under no CHE/WSII/3472/P/N/337(NEW)/SWM dated 20.06.2018 to transport and deposit/dump/level the C & D waste at only designated unloading site on plot bearing C.T.S No 1C-3/A of village Oshiwara at Jogeshwari (W) in K/West ward shall not be complied with. 11 That all the conditions in the order of Hon’ble Supreme court of India dated 15.03.2018 in SLP(C) No D23708/2017 shall not be complied with. 12 That the Indemnity bond indmenifying MCGM and its officers against any dispoutes, claim as well as any litigaation arising out of this approval shall not be submitted before C.C C: CONDITIONS TO BE COMPILED BEFORE FURTHER C.C 1 That the plinth/stilt height shall not be got checked by this office staff. 2 That all the payment as intimated by various department shall not be paid. 3 That the amended remarks of concerned authority/empanelled consultants for the approved plans differing from the plans submitted for the a) Parking b) Roads c) SWD d)Sewerage e)Water works f) Fire fighting provisions g)Tree Authority h) Hydraulic Engineer i)PCO j) electric supply company. 4 That the amended remarks of concerned authority/empanelled consultants for the approved plans differing from the plans submitted for the a) Parking b) Roads c) SWD d)Sewerage e)Water works f) Fire fighting provisions g)Tree Authority h) Hydraulic Engineer i)PCO j) electric supply company. D: GENERAL CONDITIONS TO BE COMPILED BEFORE O.C 1 That the low lying plot will not be filled up to a reduced level of atleast 27.55 mtrs above town hall datum or 0.15 mtrs above average ground level whichever is higher with murum,earth,boulders etc and will not be leveled, rolled, consolidated land slopped towards road side. 2 That the society office permissible as per DCR before occupation for the building under reference shall not be constructed. 3 That the fitness center permissible as per DCR before occupation for the building under reference shall not be constructed. 4 That the dust bin will not be provided. 5 That 3.00 mtrs wide pathway up to staircase will not be provided. 6 That the open spaces as per approval parking spaces and terrace will not be kept open. 7 That the name plate/board showing the plot no, Name of building etc will not be displayed at a prominent place. 8 That the carriage entrance shall not be provided as per the design of Registered Structural engineer and carriage entrance fees shall not be paid. 9 That the terraces, sanitary blocks, nahanis in kitchen will not be made water proof and same will not be provided by method of ponding and all sanitary connections will not be leak proof and smoke test will not be done in the presence of licensed plumber. Page 2 of 9 On 02-Jul-2018 No. CHE/WSII/3472/P/N/337(NEW) be provided by method of ponding and all sanitary connections will not be leak proof and smoke test will not be done in the presence of licensed plumber. 10 That the final N.O.C from concerned authorities/empanelled consultants for a) S.W.D & Sewerage b) Water works c) CFO/Fire fighting Provisions d) Tree Authority e) Hydraulic Engineer shall not be submitted before occupation. 11 That the site supervisor certificate for quality of work and completion of work shall not be submitted in prescribed format. 12 That the structural engineer’s stability certificate along with his up-to-date revalidated license copy and R.C.C design plans shall not be submitted. 13 That the sampled agreement incorporating the clause in agreement for the following shall not be submitted a) That the building under reference is deficient with open spaces b) That the buyer/member will not object the development of adjoining plot with deficient open spaces in future c) That M.C.G.M and its officers will not held liable for failure of mechanical parking in future d) That M.C.G.M and its offices officers will not held responsible for any disputes litigation arising due to the condonation of deficiency in open spaces.e) That the buyers/members will be make aware about the substandard height as well as multi purpose room in the building under reference. 14 That the dry and wet garbage shall be separated and the wet garbage generated in the building shall not be treated separately on the same plot by the residents/occupants of the building in the jurisdiction of M.C.G.M. The necessary condition to that effect in the sale agreement shall not be incorporated by the Developer/Owner. 15 The self declaration in respect of installing compositing pit/composite machine/bio- metranise system for processing wet waste generated at project site will not be submitted by Developer/Builder/Owner as per circular under no CHE/00024/Gen. dated 02.04.2016. Page 3 of 9 On 02-Jul-2018 No. CHE/WSII/3472/P/N/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 02-Jul-2018 No. CHE/WSII/3472/P/N/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 02-Jul-2018 No. CHE/WSII/3472/P/N/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 02-Jul-2018 No. CHE/WSII/3472/P/N/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 02-Jul-2018 No. CHE/WSII/3472/P/N/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. Page 8 of 9 On 02-Jul-2018 No. CHE/WSII/3472/P/N/337(NEW) Executive Engineer, Building Proposals Zones ……….…………….. wards. CHE/WSII/3472/P/N/337(NEW) Copy To :- 1. BHAVESH R PAREKH 802,Goyal plaza,Carter Road no.4, Borivali East Mumbai-400066 2. Asst. Commissioner P/N Ward. 3. A.E.W.W. P/N Ward, 4. Dy.A & C. Western Suburb II 5. Chief Officer, M.B.R. & R. Board P/N Ward . 6. Designated Officer, Asstt. Engg. (B. & F.) P/N Ward , 7. The Collector of Mumbai Name : ASHOK KUMAR AGARWAL Designation : Executive Engineer Organization : Muncipal Corporation of Greater Mumbai Date : 02-Jul-2018 15: 50:21 Authority_Sign Page 9 of 9 On 02-Jul-2018