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-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 MEMORANDUM Municipal Office, Mumbai To, Mr. Sushant V. Parmar, Partner of Bali Spaces LLP, C. A. To Sutaria CHSL (Owner/Lessee) Office No. 04, 1st Floor, ‘A’ Wing. Onkar Bldg., Opp. Oberoi Mall, Gen. A. K. Vaidya Marg, Dindoshi,, Malad (East), Mumbai- 400097. With reference to your Notice 337 (New) , letter No. 337/1918/23 dated. 4/4/2023 and the plans, Sections Specifications and description and further particulars and details of your buildings at Proposed redevelopment of existing building on plot bearing C.T.S. No. 638, 638/1 to 638/12 of Village Pahadi Goregaon West, Plot No. 163, at Jawahar Nagar, Road No. 2, Goregaon (W), in P/South Ward, Mumbai - 400 104. CTS/CS/FP No. 638 furnished to me under your letter, dated 4/4/2023. 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 the Janata Insurance Policy shall not be submitted. 2 That the requisitions of Regulation No. 49 and 50 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. 3 That the work shall not be carried out between 6.00 am to 10.00 pm only in accordance with rule 5A(3) of the Noise Pollution (Regulation & Control)Rules, 2000 and the provision of notification issued by Ministry of Environment and Forest department from time to time shall not be duly observed. 4 That the Board shall not be displayed showing details of proposed work, Name of owner, developer, architect/ Architect, R.C.C. consultant etc. 5 That the structural design including provision of seismic/wind load & calculations will not be submitted before C.C. 6 That the commencement certificate under Sec.44/69(1)(a) of the M.R.& T.P. Act will not be obtained before starting the proposed work. Page 1 of 11 On 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 7 That the bore well shall not be constructed in consultation with H.E. will not be submitted. 8 That the NOC from Collector (MSD) for excavation for foundation will not be submitted. 9 That the SWM NOC shall not be obtained before actual demolition of existing building and conditions mentioned in SWM NOC shall not be complied with 10 That the compliance of Hon. Supreme court order dated 15/03/2018 in SPL (Civil)no. D23708 of 2017 shall not be submitted. 11 That all the requisite document / remark from consultants as per E.O.D.B. shall not be submitted before asking for C.C. 12 That the precautionary measures to avoid dust nuisance such as erection of G.I. sheet screens at plot boundaries upto reasonable height shall not be provided before demolition of existing structures at site. 13 That the adequate safeguards should not be employed for preventing dispersal of (dust) particles/particles through the Air (or even otherwise) & adequate record shall not be maintained & uploaded for every single trip for disposal of C&D waste, at the time of loading the C&D waste in vehicle, after loading the C&D waste in the vehicle during the hauling. 14 The construction debris generated from this particular site, shall not be transported & deposited in specific site. 15 That the construction site & landfill site shall not be inspected by the Licensed Architect/ Licensed Engineer, the compliance report shall not be uploaded, any breach will entail the cancellation of the building permission or the IOD & the work will not be liable to be stopped immediately 16 That the construction is being permitted with a condition that the debris shall not be deposited on pre-identified site with due consent / NOC of the land owner 17 That the probable quantity of C&D Waste should not be indicated in advance prior to of work & in case the quantity is within 20 MT for small generators, the C&D Waste shall not be disposed off in accordance with the ‘debris on call system’, in consultation with AE (Env.) of Ward Concerned & certificate from AE(Env) of the Ward Concerned shall not be submitted to that effect 18 That C&D Waste of large scale above 20 MT shall not be disposed off as per Waste management plan approved by SWM department & as per Construction and Demolition Waste Management Rules 2016 19 That in the event the consent given by the disposal site owner / authority is revoked for any reasons, and/ or in the event the time limit during which disposal site was available gets expired, the relevant construction activity shall not be stopped & show cause notice shall not be given & till such time Waste Management Plan/ Debris Management plan is amended to provide the new site for dumping of C&D Waste and got approved from SWM dept. of MCGM, construction work shall not be recommenced. 20 That the valid Bank Guarantee of Rs. 5,00,000/- shall not be furnished solely for the purpose of ensuring compliance of the conditions in the Waste Management Plan/ Debris Management Plan approved by SWM department of MCGM, till grant of full Occupation Certificate. 21 That the any officer of MCGM/ Monitoring Committee shall not be entitled to inspect the record of grant of IOD, visit & inspect landfill sites, as well as, MCGM Officers/ Monitoring Committee shall not be entitled to bring to the notice of MCGM any breach in the IOD conditions. The order passed by MCGM on the reported breaches shall not be final & binding. Page 2 of 11 On 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 22 That the notice under Sec. 347 (1)(a) of the Mumbai Municipal Corporation Act as per annexure 13 of DCPR 2034 will not be sent for intimating the date of commencement of the work. 23 That the registered comprehensive undertaking as per EODB and indemnity bond as per EODB regarding following shall not be submitted before asking for the C.C. a) Agreeing to comply all the conditions mentioned as under: - i) For the Mechanized Parking system shall be equipped with electric sensor devices and also proper precaution and safety measures shall be taken to avoid any mishap/ the damages occurred due to flooding in pit if any and maintenance of the same shall be done regularly. ii) Mentioning that the area reserved for parking shall be used / utilized for the purpose of parking only. b) Mentioning that the clauses will be incorporated in the sale agreement of prospective buyers/members stating: - a. That the building under reference is deficient in open space and M.C.G.M. will not be held liable for the same in future. b. That the buyer / member agrees for no objection for the neighbourhood development with deficient open space in future. c. That the buyer /member will not be held M.C.G.M. liable for failure of mechanical Parking system in future. d. That there is inadequate maneuvering space of car parkings and buyer / member will not make any complaint to M.C.G.M. in this regard in future. c) Mentioning that the additional parking spaces will be surrendered to MCGM free of cost if full FSI including fungible is not utilized by way of submitting amended plans. 24 That all the requisite appointment letter as per EODB / Supervision memo as per annexure 2 to 9/document / designs / necessary remarks of concerned authorities / empanelled consultants in prescribed format as per EODB, for: a) S.W.D. [II-E (i & ii)] b) Parking [II-B] c) Sewerage [II-F (i & ii)] d) Water Works [II-D] e) Fire Fighting Provisions[II-A] f) Tree authority [II-L] g) Hydraulic Engineer [II-D] h) PCO for pesticide treatment [II-J] i) Structural Engineer & site supervisor j) NOC from Electric Supply Company k) l) internal drainage, m) mechanical lighting & ventilation of toilet [II-H] n) RWH o) Horticulture [II-L] p) SWM for bio degradable waste management r) No dues from AE (WW), shall not be submitted. 25 That the comprehensivee Indemnity bond as per EODB, indemnifying the corporation and its officers and specific clause in the sale agreement for a) Against any action pending on existing structure b Against any legal dispute of plot/ownership C) Damages, risk, accidents etc & nuisance to occupier & neighbourhood during construction d) Against inconvenience/accident caused due to installation of mechanized stack parking e) inadequate ratio of Car parking f) Deficient open spaces and future development of neighborhood shall not be submitted before CC 26 That all the requisite payments including installment of development cess shall not be paid. 27 That the self certification for Vermiculture bin and Property tax payment shall not be submitted 28 That this provisional I.O.D. shall be used as an instrument to vacate the occupants of the building, without following due process of law 29 That existing structure proposed to be demolished shall not be demolished. 30 The RUT regarding following shall not be submitted before asking for the C.C for: i) for payment of difference in premium paid and calculated as per revised land rates. ii) for not misusing the part/pocket terraces area and area claimed free of FSI will not be submitted, iii) for compliance of all IOD conditions shall not be submitted, iv) That building u/no. is deficient in open space & MCGM will not be held liable for the name in future, v) As regards neighbourhood Safety, the owner/developer will make aware to all the prospective buyers regarding the deficient open space of the proposed bldg. by incorporating a clause to that effect in the sale agreement, further a condition for submitting undertaking that the owner/developer will not object the development of the adjoining plots in future. By providing this arrangement, the safety of the inhabitant & neighbourhood will not be affected, vii. agreeing that there is no contiguous holding/ piece of land with land under development, viii. that the area reserved for parking shall be used/ utilised for the purpose of parking only, Page 3ix. forOnnot of 11 misusing 06-Jul-2023 the lift machine room x. for abiding the condition imposed in CFO NOC No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 agreeing that there is no contiguous holding/ piece of land with land under development, viii. that the area reserved for parking shall be used/ utilised for the purpose of parking only, ix. for not misusing the lift machine room x. for abiding the condition imposed in CFO NOC 31 That the Notice in the form of Appendix XV (Work Start Notice) shall not be submitted. C: CONDITIONS TO BE COMPLIED BEFORE FURTHER C.C 1 That the plinth dimensions shall not be got checked from this office before asking for further C.C. beyond plinth. 2 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. 3 That the Material testing report shall not be submitted. 4 That the monthly progress report shall not be submitted. 5 That the notice in the form of Annexure-14 shall not be submitted. 6 All the payments including installment of Development Cess and other payments as intimated by various departments of MCGM shall not be paid 7 That the revalidated Janata Insurance Policy shall not be submitted. 8 The Extra water & sewerage charges will not be paid to A.E.W.W. P/South Ward before C.C. 9 That the dust bin will not be provided as per C.E.`s circular No.CE/9296/11 of 26.6.1978. 10 Civil Aviation NOC shall be insisted before FCC. D: GENERAL CONDITIONS TO BE COMPLIED BEFORE O.C 1 That the Final structural Stability Certificate and Structural Drawings shall not be submitted. 2 That B.C.C. will not be obtained and I.O.D. and Debris deposit etc. will not be claimed for refund within period of 6 years 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 a prominent 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 completion certificate/ NOC from concerned authorities / empanelled consultants for a) S.W.D. b) Water Works c) CFO / Fire Fighting Provisions d) Lift Completion certificate e) A.A. & C P/South f) Vermiculture completion g) water works h) Mechanized paring/Horticulturist/ RWH shall not be submitted before occupation. 8 That Site Supervisor certificate for quality of work and completion of the work shall not be submitted in prescribed format. 9 That final plans shall not be submitted along with Notice of Completion of work u/sec. 353A of M.M.C. Page 4 of 11 On 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 10 That the dust bin will not be provided as per DCPR 2034. 11 That the completion certificate from RWH consultant for effective completion and functioning of RWH system shall not be submitted and quantum of Rain water harvested from RWH complied scheme on site shall not be uploaded on RWH tab in online auto DCR system. 12 That installment of development cess shall not be paid. 13 That a sample Registered Agreement with prospective buyers/members shall not be submitted before O.C. with clauses as per comprehensive undertaking submitted. 14 That 3.00mt. wide paved pathway upto staircase shall not be provided 15 That the structural stability certificate for mechanized parking system shall not be obtained from reg. structural engineer. 16 That PRC in the name of society shall not be submitted. 17 That the low lying plot will not be filled upto a reduced level of at least 31.98MT own Hall Datum or 0.15m above adjoining road level whichever is higher with murum, earth, boulders etc. and will not be levelled, rolled, consolidated and sloped towards road side. 18 That every part of the building constructed and more particularly O.H. Tank will not be provided with proper access for staff of P.C.O. office with a provision of safe and stable ladder. 19 That all the payments shall not be paid. Page 5 of 11 On 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 ( ) 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 5 July day of 2024 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 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 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 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 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 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 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 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 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 06-Jul-2023 No. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Dated- 06 July 2023 Executive Engineer, Building Proposals Zones ……….…………….. wards. P-16294/2023/(638)/P/S Ward/PAHADI GOREGAON-W/IOD/1/New Copy To :- 1. ANKIT U JAIN 501,Ashish CHSL,Underai roa,malad west 2. Asst. Commissioner P/S Ward. 3. A.E.W.W. P/S Ward, 4. Dy.A & C. Western Suburb II 5. Chief Officer, M.B.R. & R. Board P/S Ward . 6. Designated Officer, Asstt. Engg. (B. & F.) P/S Ward , 7. The Collector of Mumbai Digitally signed by SANTOSH HARISHCHANDRA SANKHE Date: 06 Jul 2023 17:02:18 Organization :Brihanmumbai Municipal Corporation Designation :Executive Engineer Authority_Sign Page 11 of 11 On 06-Jul-2023