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. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New MEMORANDUM Municipal Office, Mumbai To, Garodia Nagar Mahavirdham CHS LTD Plot No. 48-51, Garodia Nagar, Ghatkopar (E), Mumbai-400077 With reference to your Notice 337 (New) , letter No. 8468 dated. 19/5/2021 and the plans, Sections Specifications and description and further particulars and details of your buildings at Proposed Redevelopment of Society CTS/CS/FP No. 195/47 furnished to me under your letter, dated 19/5/2021. 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 COMPLIED WITH BEFORE STARTING THE WORK. 1 That NOC/ remarks from National Board of Life from Eco-sensitive Zone of Thane Creek Flamingo Sanctuary’s buffer point of view shall be obtained and 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 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 Insecticide Officer for Inspection of water tanks by providing safe and stable ladder, etc. and requirements as communicated by the Insecticide Officer shall be complied with. 6 That the Indemnity Bond indemnifying the Corporation for damages, risks, accidents, etc. and to the occupiers and an undertaking regarding no nuisance will not be submitted before C.C./starting the work. Page 1 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New 7 That the qualified registered site supervisor through architect/structural engineer will not be appointed before applying for C.C. & his name and license No. duly revalidated will not be submitted 8 That the notice under Sec.347 (1)(a) of the Mumbai Municipal Corporation Act will not be sent for intimating the date of commencement of the work 9 That the requirement of bye law 4(c) will not be complied with before starting the drainage work andin case Municipal sewer is not laid, the drainage work will not be carried on as per the requirement of Executive Engineer (Sewerage Project), Planning & completion certificate from him will not be submitted 10 That the copy of Intimation of Disapproval conditions & other layout or sub division conditions imposed by the Corporation in connection with the developmental site shall not be given to the would be purchaser and also displayed at site. 11 That the development charges as per M.R.T.P.(amendment) Act 1992 will not be paid. 12 That the remarks from Asst. Engineer, Water Works regarding location, size capacity of the suction tank, overhead storage tank for proposed and existing work will not be submitted before starting the work and his requirements will not be complied with 13 That the requirements of N.O.C. of a) E.E. (S.W.D.), b) E.E.(S.P),c) Tree NOC d) Electric Company for proposed substation, shall not be submitted. 14 That the balance pre-requisites as per EODB shall not be complied with. 15 That the work shall NOT be carried out between 6.00 am to 10.00 pm as per circular u/no. Ch.E./DP/7749/Gen at 07.06.2016. 16 That the provision will not be made for making available water for flushing and other non-potable purposes through a system of borewell and pumping that water through a separate overhead tank which will be connected to the drainage system and will not have any chances of mixing with the normal water supply of the Corporation. 17 That the top most elevation of the building is not certified by Airport Authority of India /GVK mentioning that the Average Mean Sea Level of the Building is within the permissible limits of Civil Aviation N.O.C. 18 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. 19 That the carriage entrance shall not be provided before starting the work 20 That the requisitions of regulation no. 49 of DCPR-2034 shall not be complied with and records of quality of work, verification report, etc. shall not be maintained on site till completion of the entire work. 21 That the specific NOC from concerned department /S.W.M department shall not be obtained in dumping ground court case order dated 15.03.2018 in Hon’ble Supreme Court of India.(S.L.P CIVIL No :- D23708/2017) before start of work and bank guarantee is not submitted 22 That the proposal shall not contravene the section 251(A)(A) of the MMC Act 23 That the Janata Insurance shall not be submitted. Page 2 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New 24 That the RCC wall shall NOT be provided between refuge and habitable area 25 That the entrance of Society office and Fitness Centre shall NOT be separate 26 That the General Body Resolution of society shall NOT be submitted specifying the beneficiary of such incentive additional BUA i.e. for members of society /developers or combination thereof. 27 That 1.5m wide strip of unpaved land (on 2 sides of plot) on ground for plantation of trees shall NOT be provided. 28 That the completion certificate from the rain water harvesting consultant for effective completion and functioning of RWH system shall be submitted and quantum of rain water harvested from the RWH completed scheme on site shall be uploaded on RWH tab in online AUTO DCR system. The same shall be complied before OC. 29 That the NOC from concerned power company shall NOT be submitted for location and size of substation. 30 That the elevation features such peripheral fins on parapet of podium floor with 0.15 m FRD Plastic/fiber sheets/aluminium fins at the top of parapet walls on podium floor shall NOT be provided as per circular u/no. Ch.Eng./DP/049020/Gen dt.01.03.2016. 31 That the undertaking regarding excess parking to be handed over to MCGM shall not be submitted. 32 That the Latest Assessment NOC shall not be submitted before asking CC 33 That the Architect shall NOT certify that all rehab tenants are proposed to rehabilitated by providing BUA as per fungible area worked out as per Reg. 31(3) of DCPR-2034 and shall NOT state that there is no excess/ deficit as shown in Proforma A of approved plans under reference and shall NOT comply all conditions stipulated in Reg. 31(3) of DCPR2034, before asking amended approval / OC. 34 That all the conditions for 50% concessions as stated in Directives issued by State Govt. u/no. TPS-1820/AN27/CA 80/20/UD-13 dated 14.01.2021 and clarification issued dated 12.02.2021 and guidelines issued by MCGM vide policy circulars u/no. CHE/DP/21546/Gen dated 22.02.2021 and 05.03.2021 shall NOT be complied with. 35 That the provision will not be made for making available water for flushing and other non-potable purposes through a system of borewell and pumping that water through a separate overhead tank which will be connected to the drainage system and will not have any chances of mixing with the normal water supply of the Corporation. 36 That undertaking cum indemnity bond from owner stating that they have not received any notice from ULC Authority for handing over / acquiring the land under reference to ULC authority under any section of ULC&R Act shall not be submitted. 37 That the registered undertaking from owner stating that they shall not claim any FSI of the encroached portion/ adverse possession of the plot at any stage shall not be submitted 38 The dry and wet garbage shall be separated and the wet garbage generated in the building shall 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 be incorporated by the Developer/Owner C: CONDITIONS TO BE COMPLIED BEFORE FURTHER C.C 1 That the Material testing report shall not be submitted Page 3 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New 2 That adequate care in planning, designing and carrying out construction shall be taken in the proposed building to provide for the consequence of settlement of floors and plinth filling etc. 3 That the Structural stability certificate through Regd. Structural Engineer regarding stability of constructed plinth shall not be submitted before asking for C.C. beyond plinth 4 That the no dues pending certificate from A.E. Water works "N" Ward shall not be submitted. (a) That adequate care in planning, designing and carrying out construction shall NOT be taken in the proposed building to provide for the consequence of settlement of floors and plinth filling etc. (B) That the open spaces of building and building dimensions are NOT checked through MCGM 5 All the payments as intimated by various departments of MCGM & as per Recovery sheet (including Development charges) shall not be paid. 6 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) Parking c) Water Works d) Fire Fighting Provisions e) Tree authority f)Hydraulic Engineer g) NOC from Electric Supply Company. 7 That the N.O.C. from Civil Aviation Department will not be obtained for the proposed height of the building. 8 That the parking shall NOT be provided as per circular issued u/no. DyChE/BP/10340/WS-II dt. 05.03.2020 and compliance report to that effect shall NOT be submitted before asking Part/Full OCC. D: GENERAL CONDITIONS TO BE COMPLIED BEFORE O.C 1 That the dust bin will not be provided. 2 That 3.00 mt. wide paved pathway upto staircase will not be provided. 3 That the open spaces as per approval, parking spaces and terrace will not be kept open 4 That the name plate/board showing Plot No., Name of the Bldg. etc. will not be displayed at aprominent place. 5 That carriage entrance shall not be provided as per design of registered structural engineer and carriage entrance fee shall not be paid. 6 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. 7 That final N.O.C./Remarks from concerned authorities / empanelled consultants for a) S.W.D. b) CFO /Fire Fighting Provisions c) Tree authority d) water department shall not be submitted e) Airport Authority of India/ GVK for height of building 8 That Structural Engineer’s laminated final Stability Certificate along with upto date License copy shall not be submitted. 9 That canvas mounted 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. 10 That Site Supervisor certificate for quality of work and completion of the work shall not be submitted in prescribed format Page 4 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New 11 That the certificate from Lift Inspector regarding satisfactory installation and operation of will not be submitted. 12 That the requisitions of clause No. 49 of D.C.P.R. 2034 shall not be complied with. 13 That the Vermiculture bins for disposal of wet waste as per the design and specification of Organizations / individuals specialized in this field, as per the list furnished by Solid Waste Management Department of MCGM, shall not be provided to the satisfaction of Municipal Commissioner. 14 That the N.O.C. from A.A.&C.[ N/Ward] shall not be submitted 15 That the water from Rain water harvesting (RWH) system shall NOT be used for toilet flushing. 16 That Architect shall not certify that all rehab tenants are proposed to rehab by providing BUA as per fungible area worked out as per Reg. 31(3) of DCPR2034 and there is no excess deficit as shown in DCPR2034,before asking amended approval / OC. 17 That the suitable Registered undertaking from Owner shall NOT be submitted stating that a) They will utilise rainwater harvesting water for toilet & flushing. b) That they will disclose the above conditions to the prospective buyers and also include the same in agreement. 18 That the low lying plot will not be filled up to a reduced level of at least 27.55 M Town Hall Datum or 0.15 m above adjoining road level whichever is higher with murum, earth, boulders etc. and will not be leveled, rolled, consolidated and sloped towards road side 19 That Agreement in consultation with legal department for handing over of tenement / built up accommodation shall not be executed and final copy of executed agreement shall not be submitted. Advance Possession shall not be handed over with title certificate by advocate. 20 That Society Office permissible as per DCR before occupation for the building under reference shall not be constructed. 21 That Fitness Centre permissible as per DCR before occupation for the building under reference shall not be constructed.(if applicable) Page 5 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/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 12 August day of 2022 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 6 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New 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 7 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/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 Page 8 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New 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 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 Page 9 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New 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 10 of 11 On 13-Aug-2021 No. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New Executive Engineer, Building Proposals Zones ……….…………….. wards. P-7496/2021/(195/47)/N Ward/GHATKOPAR/IOD/1/New Copy To :- 1. YASH RAJESH AGARWAL 105 Rajshree Plaza, Opp. Shreyas Cinema, L.B.S. Marg, Ghatkopar (W). 2. Asst. Commissioner N Ward. 3. A.E.W.W. N Ward, 4. Dy.A & C. Eastern Suburb 5. Chief Officer, M.B.R. & R. Board N Ward . 6. Designated Officer, Asstt. Engg. (B. & F.) N Ward , 7. The Collector of Mumbai Name : Lotan Sukadeo Ahire Designation : Executive Engineer Organization : Personal Date : 13-Aug-2021 12: 47:44 Authority_Sign Page 11 of 11 On 13-Aug-2021