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-8931/2021/(681)/R/C Ward/FP/IOD/1/New MEMORANDUM Municipal Office, Mumbai To, SHARAD MADANLAL BHUTRA 501, Geeta Gaurav, 90 Feet road, Opp. Shankar Mandir, Bhayander (west), Thane- 401101 With reference to your Notice 337 (New) , letter No. 0000493 dated. 7/10/2021 and the plans, Sections Specifications and description and further particulars and details of your buildings at Proposed development on plot bearing F.P no.681 of TPS Borivali no.III, Borivali west, Mumbai. CTS/CS/FP No. 681 furnished to me under your letter, dated 7/10/2021. 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 the Janata Insurance Policy shall not be submitted. 2 That the requisitions of clause 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. 3 That the bore well shall not be constructed in consultation with H.E. 4 That the work shall not be carried out between 6.00 am to 10.00pm 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. 5 That the Board shall not be displayed showing details of proposed work, name of owner, developer, architect, R.C.C. consultant etc. 6 That the Remarks, design, planning etc. from the respective consultant shall not be submitted for following : a. Structural design & plan showing the structural details for the prop. building. 7 That the Structural Engineer/Site Supervisor will not be appointed and supervision memo as per Appendix XI ( Regulation 5(3)(ix) will not be submitted by him. Page 1 of 11 On 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/IOD/1/New 8 That the Indemnity bond indemnifying MCGM against any claims that may arise in future on title of the land shall not be submitted 9 That the Remarks of concerned authorities / empaneled consultants for the approved plan, shall not be submitted for : A)S.W.D. B) Parking C)Sewerage D)Water Works E) Hydraulic Engineer F) PCO G)NOC from Tree Authority H)Drainage layout from Licensed plumber I) NOC from Electric Supply Company 10 The NOC of Collector(M.S.D) for Royalty for excavation/filling of land shall not be submitted before C.C. 11 That all the payment shall not paid to MCGM before asking for CC. 12 That the NOC from AA& C (R/C ward) shall not be submitted before Plinth CC 13 That the various consultant as per EODB shall not be appointed for the work and their appointment and acceptance letter along with their licensed copy, identification and pan card shall not be submitted before C.C. 14 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 15 That the no dues pending certificate from A.E Water works "R/C" ward shall not be submitted. 16 That the Indemnity Bond indemnifying the Corporation for damages, risks, accidents, etc. & to the occupiers & an undertaking regarding no nuisance will not be submitted before CC/starting the work. 17 That the N.O.C. from Tree authority shall not be submitted before asking for plinth C.C. 18 That Regd. U/T for minimum Nuisance during construction activity shall not be submitted before C.C. 19 Registered undertaking from the owner/developer for not misusing the elevation features will be insisted before C.C. 20 That Registered undertaking from the developer shall not be submitted for incorporating the clause in agreement with prospective buyers to make aware them that (a) That Building under reference is constructed with deficient open spaces (b) That Buyers will not object the development of adjoining plot in future with deficient open spaces ( c) That permanent attendant will be kept for ingress and out gress of vehicles through aisle space of less than 6.00 mtrs (d) That the Big : Small parking ratio in the building is 40:60 instead of 50:50 as per DCPR 2034 and MCGM will not be responsible for the same.(e) That M.C.G.M and its officers are not responsible in case of failure of mechanical parkings car lifts etc in future at any point of time 21 That the adequate safeguards should 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. 22 That the probable quantity of C & D Waste should be indicated in advance prior to commencement of work & details thereof shall not be submitted. 23 That C & D Waste of large scale above 20 MT shall not be disposed off as per Waste management plan approved online & as per Construction and Demolition Waste Management Rules 2016 24 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 & shall abide show cause notice & 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 online, construction work shall be recommenced. Page 2 of 11 On 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/IOD/1/New Management Plan/Debris Management plan is amended to provide the new site for dumping of C & D Waste and got approved online, construction work shall be recommenced. 25 That the valid Bank Guarantee of Rs. 12,50,000/- as per policy 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 M.C.G.M, till grant of full Occupation Certificate. 26 That any officer of M.C.G.M/Monitoring Committee shall not be entitled to inspect the record of grant of IOD, visit & inspect landfill sites, as well as, M.C.G.M. Officers/Monitoring Committee shall not be entitled to bring to the notice of M.C.G.M. any breach in the IOD conditions. The order passed by M.C.G.M. on the reported breaches shall not be final & binding. 27 That all the conditions in the orders of Hon’ble Supreme Court of India dated 15.03.2018 in the case of Dumping Ground should not be complied with. 28 That the One time P.C.O. charges as per E.OD.B. Policy shall not be paid. 29 That the owner shall not hand over the land if affected by RL/ DP road / PG free of cost to MCGM in lieu of TDR/ FSI and transfer the same in the name of MCGM prior to requesting OCC of proposed building 30 That the Notice in the form of Appendix XV (Work Start Notice) shall not be submitted. 31 That the Registered undertaking shall be submitted by the developer to handover the excess parking spaces to MCGM free of cost without claiming any compensation in case full permissible FSI/TDR is not consumed 32 That the NOC from Electric supply company shall not be submitted 33 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) Sewearge d) Water Works e) Fire Fighting Provisions f) Tree authority h) Hydraulic Engineer i) PCO j) NOC from Electric Supply Company. 34 That the Development Permission as per Reg. 17(1) of DCPR-2034, separate development permission shall not be issued after approval of sub-division layout as per Terms and Conditions finalized by MCGM. 35 That the revised CFO NOC for the revised planning shall not be insisted before first C.C. 36 That the revised Parking NOC for the revised planning shall not be insisted before first C.C. 37 That the RUT shall not be insisted for not insisting any concessions for consumption of balance FSI. 38 That the indemnity bond shall not be insisted for indemnifying MCGM and its officer for Deficient Open spaces. 39 That the approval of sub-division layout shall not be insisted before approval of CC identifying 70% PG under AR (MCGM) and 30% PG plot for development. 40 That the advance possession of 70% of plot shall not be insisted before asking any CC and PRC in the name of MCGM before OCC. 41 That the development permission shall not be insisted before approval of plans. 42 That the Development of separate F.P. number affected by larger part of Reservation i.e. ROS 1.4 (playground), Acquisition Remarks shall not be insisted before applying for First/Plinth C.C. Page 3 of 11 On 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/IOD/1/New 43 That, Commenecement Certificate for Additional Built up Area equal to Area of the plot i.e.821.73 Sq. Mtrs., so transferred to MCGM free of cost and free of encumberances as required as per Reg. No. 17(1) & Note 20(viii)(a) shall not be asked for unless and until Reservation Area Adm. 821.73 Sq. Mtrs. is transferred to MCGM & PRC in the name of MCGM shall not be submitted in the name of MCGM within 05 (Five) years or such extended period as may be specified by Government. C: CONDITIONS TO BE COMPLIED BEFORE FURTHER C.C 1 That the plinth/stilt height completion certificate from Architect/ Str. Engineer/ Site Supervisor shall not be submitted & Plinth shall not be got checked by this office staff. 2 All the requisite payments as intimated by various departments of MCGM shall not be paid. 3 That the C.C. shall not be re-endorsed. 4 That the 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) Sewerage d) Water Works e) Fire Fighting Provisions f) Tree authority g) Hydraulic Engineer h) PCO i) NOC from Electric Supply Company j) A.A. & C 5 That the Material testing report shall not be submitted. 6 That the monthly progress report of the work will not be submitted by the Architect. 7 That the Valid Janata Insurance policy shall not be submitted. 8 The Extra water & sewerage charges will not be paid to A.E.W.W. P/North Ward before C.C. 9 That no dues pending certificate from A.E.(W.W.) shall not be submitted before C.C. 10 That the P.C.O.’s one time charges as per E.O.D.B. policy shall not be paid before F.C.C. 11 That the Valid Civil Aviation NOC for height clearance through Nocas shall not be submitted before requesting CC beyond plinth. Further all conditions mentioned therein in Civil Aviation NOC shall not be complied with. D: GENERAL CONDITIONS TO BE COMPLIED BEFORE O.C 1 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. 2 That 3.00mt.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 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 ponding 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. from concerned authorities/empanelled consultants for a) S.W.D. b) Parking c) Water Works d) Fire Fighting Provisions (CFO NOC) e) Tree authority f) Hydraulic Engineer g) A.A. & C ( P/north) (h) Rain water harvesting i) Lift completion certificate from lift inspector shall not be Page 4 of 11 On 06-Jan-2022 submitted before occupation. No. P-8931/2021/(681)/R/C Ward/FP/IOD/1/New ( P/north) (h) Rain water harvesting i) Lift completion certificate from lift inspector shall not be submitted before occupation. 8 That Structural Engineer’s final Structural Stability Certificate along with upto date License copy and R.C.C. design plan shall not be submitted. 9 That Site Supervisor certificate for quality of work along with upto date License copy and completion of the work shall not be submitted in prescribed format. 10 That the dry and wet garbage shall not be separated and the wet garbage generated in the same building shall not be treated separately on the same plot by residents / occupants of the building in jurisdiction of MCGM the necessary condition is sale agreement to that effect shall not be incorporated by developer / owner. 11 That the final plans shall not be submitted alongwith Notice of Completion of work u/sec.353A of MMC-Act 1888 for work completed on site. 12 That the vermiculture bins for disposal of Wet Waste as per the design and specifications 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. 13 That some of the drains shall not be laid internally with C.I. 14 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. 15 That the dust bin will not be provided. 16 That the Sample agreement with prospective buyers/members shall not be submitted with clauses 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 agree for no objection for the neighbourhood development with deficient open space in future, c) That the buyer / members will not held M.C.G.M. liable for any failure of mechanical Parking system in future and proper precautions and safety measures shall be taken to avoid any mishap and the damages occurs due flooding in pit if any and maintenance of mechanized parking system shall be done regularly, d) That the buyer/member will not be held M.C.G.M. liable for any mishap due to provision of additional height of stilt for provision of parking/parking tower, e) That there is inadequate manoeuvring space of car parking and buyer/member will not make any complaint to M.C.G.M. in this regard in future before submission of OCC/BCC 17 That all the payments shall not be paid. 18 That P.R. Card in the name of MCGM for road setback handed over to MCGM shall not be submitted. 19 That completion certificate from the rainwater harvesting consultant for effective completion and functioning of RWH system shall not be submitted and quantum of rain water harvested from RWH completed scheme on site shall not to be uploaded on RWH tab in online AutoDCR system. 20 That the sample copy of agreement shall not be submitted with the specific clause in the sale agreement to make aware prospective buyers shall not be incorporated for inadequate Aisle space for two way & at turning and also inadequate turning radius and that no complaints of whatsoever nature from prospective occupants/ buyers as regards parking spaces arrangement shall not be entertained. 21 That the height shall not be certified by the consultant as per Civil Aviation NOC before OCC. Page 5 of 11 On 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/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 5 January day of 2023 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-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/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 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/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 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/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 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/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 06-Jan-2022 No. P-8931/2021/(681)/R/C Ward/FP/IOD/1/New Executive Engineer, Building Proposals Zones ……….…………….. wards. P-8931/2021/(681)/R/C Ward/FP/IOD/1/New Copy To :- 1. MANISH MANHARLAL SHAH 1101, Wing B, Western Edge - II , Western Express Highway, Borivali (East), Mumbai-400066 2. Asst. Commissioner R/C Ward. 3. A.E.W.W. R/C Ward, 4. Dy.A & C. Western Suburb II 5. Chief Officer, M.B.R. & R. Board R/C Ward . 6. Designated Officer, Asstt. Engg. (B. & F.) R/C Ward , 7. The Collector of Mumbai Name : VINOD KONDIRAM KEKAN Designation : Executive Engineer Organization : Personal Date : 06-Jan-2022 17: 01:06 Authority_Sign Page 11 of 11 On 06-Jan-2022