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/ES/5045/M/W/337 (NEW)/IOD/1/Amend MEMORANDUM Municipal Office, Mumbai To, Shri.Bhagwandas Govind Patel Sethna Manor, 6th floor, plot no. 369, 6th road, chembur , Mumbai-400 071. With reference to your Notice 337 (New) , letter No. - dated. 8/10/2018 and the plans, Sections Specifications and description and further particulars and details of your buildings at Proposed redevelopment of the existing building known as “Rajeshwari CHS. Ltd.”, on plot bearing C.T.S.No.997, 997/1 to 7, of Village chembur, at, Plot No. 135, at 16th road , Chembur , Mumbai- 400 071.997, 997/1 to 7 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 Janata Insurance Policy shall not be submitted. 2 That the bore well shall not be constructed in consultation with H.E. 3 That the Board shall not be displayed showing details of proposed work, name of owner, developer, architect, R.C.C. consultant etc. 4 That the necessary deposit for hoarding or the flex of size m to m for the advertisement of proposal shall not be made by you. 5 That the work shall not be carried out only between 6.00 am to 10.00 pm as per circular u/no.ChE/DP/7749/Gen dt 07.06.2016. 6 That the structure/building proposed to be demolished shall not be demolished by the developer/owner, by following the guidelines proposed in the IS code 4130:1991 amended up to date in respect of Demolition of Building-Code of Safety under the supervision of approved structural Engineer duly registered with MCGM. 7 That the NOC from S.W.M. Department shall not be obtained in view of order of Hon’ble Supreme Court of India dated 15/03/2018(SLP Civil NoD-23708of 2017), for disposal of C & D waste. Page 1 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend Court of India dated 15/03/2018(SLP Civil NoD-23708of 2017), for disposal of C & D waste. 8 That all the requisite documents as per Ease of Doing Business Manual shall not be submitted. 9 That the Soil Investigation Report from Geologist shall not be submitted 10 That the registered undertaking from owner stating that they will hand over the excess parking spaces to MCGM if full permissible FSI is not utilised on plot under reference shall not be submitted. 11 That the dry and wet garbage shall not 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 in Sale Agreement to that effect shall not be incorporated by the Developer/ Owner. 12 That the mobile toilet shall be provided at the site during the construction for labours. 13 That the payment as per schedule of installment granted by Dy.Ch.E.(B.P.)E.S. shall be made. B: FOR LABOUR CAMP / TEMPORARY SHED 1 That, the exact location of the Temporary Shed /Labour Camp at the premises situated at shall not be shown in the accompanying sketch of the proposed temporary shed/labour camp. 2 That, the material for side and top covering used for the Temporary Shed/Labour Camp shall not be either tarpaulin of G.I. Sheets. 3 That this Temporary Shed /Labour Camp shall not be constructed in such a manner that the same can be easily removed after the expiry of the temporary permission. 4 That you shall do any sort to pucca or permanent construction of any nature on this temporary permission. 5 That the temporary shed shall not be constructed to the approved size and measurement and shall exceed the permitted area. 6 That you shall not pay the sum of Rs. ( in Words Rs.) as a security deposit which may be forfeited in the extent of your failure to comply with any of the condition mentioned herein. 7 That you shall not pay the sum of Rs. ( in Words Rs.) as deposit covering the charges for the removal of temporary shed at your risk and cost if you fail to remove the shed on or before the date of expiry of the temporary permission. 8 That the permission shall not effective upto completion of the project. 9 That you shall not intimate the Municipal authorities in writing immediately after the shed is removed by you on before the expiry date 10. That in case of your failure to remove the Temporary Shed /Labour Camp on or before the date of expiry, you will not allow Municipal authorities to remove the same at your risk and cost without notice and you will not allow the demolition charges to be recovered from the deposit paid for this purpose and the security deposit paid by you to be forfeited 10 That you shall not pay fees at the rate of the Rs. /-per 10 Sq. Mts. Area for the structure for the entire monsoon period or part thereof. 11 That you shall not pay the fees for the structure for the whole monsoon period or part thereof and so on. C: CONDITIONS TO BE COMPILED BEFORE FURTHER C.C Page 2 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend 1 That the plinth/stilt height shall not be got checked by this office staff. 2 All the payments as intimated by various departments of MCGM shall not be paid. 3 That the amended Remarks of concerned authorities/empanelled consultants for the approved plan, if differing from the plans submitted for remarks, shall not be submitted for :a) S.W.D. b) Sewerage c) Water Works d) Tree authority e) Hydraulic Engineer f) PCO g) NOC from Electric Supply Company h) Assessment. 4 That the Material testing report shall not be submitted. 5 That the yearly progress report of the work will not be submitted by the Licensed Surveyor/Architect. 6 That the Civil Aviation NOC from A.A.I. shall not be submitted. 7 That the payment as per schedule of installment granted by Dy.Ch.E.(B.P.)E.S. shall be made. D: GENERAL CONDITIONS TO BE COMPILED BEFORE O.C 1 That Society Office permissible as per DCPR for the building under reference shall not be constructed asking before occupation 2 That Fitness Centre permissible as per DCPR for the building under reference shall not be constructed asking before occupation 3 That the dust bin will not be provided. 4 That 3.00 mt. wide paved pathway upto staircase will not be provided. 5 That the open spaces as per approval, parking spaces and terrace will not be kept open. 6 That the name plate/board showing Plot No., Name of the Bldg. etc. will not be displayed at a prominent place. 7 That carriage entrance shall not be provided as per design of registered structural engineer and carriage entrance fee shall not be paid. 8 That terraces, sanitary blocks, nahanis in kitchen will not be made Water proof and same will not be provided by method of pounding and all sanitary connections will not be leak proof and smoke test will not be done in presence of licensed plumber. 9 That final N.O.C. from concerned authorities / empanelled consultants for :- a) S.W.D. b) Sewerage c) Water Works d) CFO / Fire Fighting Provisions e) Tree authority f) Hydraulic Engineer g) Assessment shall not be submitted before occupation. 10 That Structural Engineer's laminated final Stability Certificate along with upto date License copy and R.C.C. design canvas plan shall not be submitted. 11 That plans shall not be submitted along with Notice of Completion of work u/sec. 353A of M.M.C. Act for work completed on site. 12 That Site Supervisor certificate for quality of work and completion of the work shall not be submitted in prescribed format. 13 That the topmost elevation level of the building certified by Airport Authority of India mentioning that the height of the building is within the permissible limits of Civil Aviation N.O.C. shall not be submitted before O.C.C. Page 3 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend 14 That the provision of Rain water harvesting as per design prepared by approved consultant in the field shall not be made to the satisfaction of Municipal Commissioner. 15 That the Vermiculture bins for disposal of wet waste as per the design and specification of Organization/Individuals specialized in this field, as per the list furnished by solid waste management dept. of MCGM shall not be provided to the satisfaction of Municipal Commissioner. 16 That the certificate from Lift Inspector regarding satisfactory installation and operation of lift will not be submitted. Page 4 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend ( ) 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 22 October day of 2020 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. Page 5 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend 8. Necessary permission for Non-agricultural use of the land shall be obtained from the Collector Mumbai Suburban District 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 6 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend 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 Page 7 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend avoid the excavation of the road an footpath. 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 Name : DEELIP PARASHARAM PATIL starting the work to prove the owner’s holding. Designation : Executive Engineer Organization : Personal Date : 23-Oct-2019 18: 51:32 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 Page 8 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend 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. 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 9 of 10 On 23-Oct-2019 No. CHE/ES/5045/M/W/337 (NEW)/IOD/1/Amend Executive Engineer, Building Proposals Zones ……….…………….. wards. CHE/ES/5045/M/W/337(NEW)/IOD/1/Amend Copy To :- 1. Tejas Bhagwandas Patel 1302,VIJYASHREE CHS, ST ANTHONYS ROAD, CHEMBUR, MUMBAI 400071 2. Asst. Commissioner M/W Ward. 3. A.E.W.W. M/W Ward, 4. Dy.A & C. Eastern Suburb 5. Chief Officer, M.B.R. & R. Board M/W Ward . 6. Designated Officer, Asstt. Engg. (B. & F.) M/W Ward , 7. The Collector of Mumbai Authority_Sign Page 10 of 10 On 23-Oct-2019