mumbai

B.M.C.- CHAPTER – 18 (MANUAL – 17)

18.1 Frequently asked questions and their answers by the public.

1. Who sanctions D.P.?

First Development Plan for Mumbai was sanctioned by the Govt. of Maharashtra in the year 1967. The Municipal Corporation of Greater Mumbai had declared its intention to revise Development Plan for Municipal Corporation of Greater Mumbai on 13^th January,1977 and after following provisions of Maharashtra Regional Town Planning Act,1966 draft Development Plan prepared by Municipal Corporation of Greater Mumbai was submitted to Govt. for sanction. The State Govt. has sanctioned Revised Development Plan in parts between the period July,1990 to year 1994 including Development Control Regulations for Greater Mumbai,1991.

The Development Plan consist of 127 D.P. Sheets showing the zoning of the Mumbai (residential, commercial, industrial, etc.) and the reservations, designations, allocations, etc.

2. Whether D. P. Sheets can be purchased?

The D. P. Sheets can be purchased in the zonal Building Proposal offices at Byculla for City, Ghatkopar for Eastern Suburbs, Bandra for H&K Wards and Kandivali for P&R Wards on payment of fees.

3. What are D. P. Remarks?

19. P. Remarks are true part extract of Sanctioned Revised Development Plan published by the Govt. giving details of zoning and planning proposals. It also contains remarks whether plot is affected by Coastal Regulation Zone as per notification No.S.O.No.114E of 19.2.1991 of Ministry of Environment & Forest and provisions regarding Heritage listing.

The D. P. Remarks are not indicative of ownership rights of the property.

4. Who can obtain D.P. Remarks & how?

Any applicant can submit application for D. P. Remarks of a property on the printed prescribed forms available for sale in Development Plan Department alongwith plans duly signed in triplicate to be prepared by the applicant. The plans submitted are marked with the provisions in the Sanctioned Revised Development Plan and returned with remarks from zoning point of view duly signed (1 copy).

A separate application for different holding (non-contiguous) is required to be

submitted alongwith certifying charges of Rs.160/- per CTS No. in the office on any working day. The application should be accompanied with Block Plan to the scale 1’=40’ (tallying with true extract plan from office of the City Survey & Land Records and Location Plan 1cm=25 mts.(1:2500) scale for city & for suburbs to the scale of 1:500 Block plan and location plan to the scale of 1:4000 in triplicate (Ammonia prints) showing the land with reference to the existing roads in the locality and C.S. boundaries and numbers comprised in the land (without showing proposed buildings, existing structures, roads etc.) thereon.

5. How the Building Plans are approved?

The Architect or Licensed Surveyor submits the proposal for approving Building Plans on behalf of the owner/ Constituted Attorney of the owner alongwith requisite notices and forms and payment of fees in the Zonal Building Proposal offices.

6. Whether copies of Building Plans can be obtained?

Any interested person i.e. person having interest in the property can apply for

Certified copies of Building Plan, intimation of disapproval (IOD), Commencement Certificate, Occupation Certificate issued to the building from the Zonal Building Proposal Office on payment of certification charges, etc. The cost of preparation of copy has to be borne by the applicant in addition to the certification charges.

7. When clearance from Mumbai Heritage Conservation Committee is required?

Government had published list of buildings/ conservation areas, etc. for the preservation of Historical Monumental Precincts by introducing D.C.Regulation No.67 on 21.4.1995. Hence, clearance from Mumbai Heritage Conservation Committee is necessary in respect of any development in respect of listed heritage, new precinct and extension to area of precinct proposed.

8. What is Transferable Development Rights (TDR)?

Unsatisfactory performance in implementation of Sanctioned Revised Development Plan 1967 has necessitated search of alternate source of resource for satisfactory implementation of Sanctioned Revised Development Plan. Hence, innovative provision such as concept of Transferable Development Rights (TDR) in lieu of land under reservations handed over free of cost and free of encumbrances by the owner to Municipal Corporation of Greater Mumbai has been introduced in the D.C. Regulation for Greater Mumbai,199. The financial burden on Municipal Corporation of Greater Mumbai to acquire and develop the plots under reservations have therefore, been reduced to some extent due to this provision. Municipal Corporation of Greater Mumbai has acquired 450 Nos. of C.T.S. holdings under various reservations admeasuring 19,11, 329.188  Sq. Mt. till 31^st December,2004. The 420 nos. of C.T.S. holdings under various D.P. Roads admeasuring 6,89,970.91 Sq. Mt. have also been acquired in lieu of TDR.

9. What is Accommodation Reservation?

As per provisions of sanctioned D C Regulations for Greater Mumbai1991, certain buildable reservations on private lands can be permitted to be developed by the owner after handing over of certain built up amenity for reservation to appropriate authority free of cost & free of encumbrances. Thereafter owner can develop the plot with permissible FSI without taking into account the built up area handed over to Authority. Guidelines for development of accommodation reservations such as Markets, Maternity Home, Dispensary, Library, Post office, Telephone Exchange and Welfare Centre etc. have been formulated.

10. “Tenantable repairs” to buildings need no permission:-

It is notified for the information of the public in general that the following items of work categorized as “tenantable repairs” can be carried out without obtaining any permission from the Municipal Corporation of Greater Mumbai (M.C.G.M.) provided the structures to which such repairs are to be carried out have been constructed with approval from the Competent Authority or were in existence prior to 1.4.1962 in respect of commercial structures and 17.4.1964 in respect of residential structures. However, these structures shall not be declared heritage structures or fall within heritage precincts and N.O.C. from Heritage Conservation Committee is required for carrying out repairs to such structures. The onus to submit documentary proof in respect of the existence of structures prior to 1.4.1962 and 17.4.1964 shall, however, vest with the owner.

• Providing guniting to the structural members or walls;
• Plastering, painting, pointing;
• Changing floor tiles;
• Repairing W.C., bath or washing places;
• Repairing or replacing drainage pipes, taps, manholes and other

fittings;

• Repairing or replacing sanitary, water plumbing or electrical fittings;
• Replacement of roof with the same material;
• Replacing the existing water proofing treatment without increasing

the dead load.

“Tenantable repairs”, however, shall not include:-

• Change in horizontal and vertical existing dimensions of the

structure;

• Replacing or removal of any structural members of load bearing

walls;

• Lowering of plinth, foundations or floors
• Addition or extension of mezzanine floor or loft;
• Flattening of roof or repairing roof with different materials.

Though tenanted repairs need no permission from M.C.G.M., it is advisable that such repairs are carried out under the guidance/supervision of an Architect and /or a registered Structural Engineer.

It is the responsibility of the owners to remove the debris generated out of repair work from site immediately and debris should not be dumped on roads.

Dumping on road is an offence and offenders would be liable for stern punishment.  In addition to that debris dumped on roads will also be carried away by the MCGM and cost of transportation will be recovered from the owners.

Please note that any alteration or repairs to a building involving the removal, alteration or re-erection of any part of the building except “tenantable repairs” needs permission from M.C.G.M. and the same shall not be carried out under the guise of “Tenantable repairs”. The Architects/Structural Engineers are liable for punishment including blacklisting if works, which require permission from MCGM, are carried out without permission under their supervision.

For any further clarification, kindly contact Assistant Municipal Commissioners of the Wards.

18.2 Related to seeking Information,-

(a) Application form:( Copy of filled application form for reference)

(b) fees

(c) How to write a precise information request – Few tips

(d) Right of the Citizen in case of denial of information and procedure

to appeal.

The matter is pertaining to developing common right of information application with fees and appeal procedure and hence General Administration department shall deal with this issue.

18.3 With relation to training imparted to public by the department. No training is imparted by the department for the general public.

18.4 With relation to certificate, No Objection certificate etc. issued by the Public Authority not included in the Manual –13.

(A) Name and description of the certificates and NOC – NOC for construction of building for height beyond 70 meters.

Government vide Resolution No.TPB-4303/49/CR-4/03/UD-11 dtd. 28/7/2004, has constituted a technical Committee for scrutinizing the development proposals of all the buildings having height more than 70 mtrs. Experts in the field of Structural Engineering, Soil Mechanics, Environmental Engineering are appointed as the members of the committee. The committee consists of the following members. :-

1. Shri Ashok Agarwal Chairman, Former Chief Justice Tamil Nadu Government;
2. Shri Satish Dhupelia, Member, Structural Engineer;
3. Shri G.B.Choudhary, Member, Associate Professor, Soil Mechanic VJTI College;
4. Dr.S.B.Kotoley, Member, Advisor, Maharashtra Pollution Control Board;
5. Chief Engineer (D.P.), Member Secretary (Brihan Mumbai Municipal Corporation Head Office, 4th floor, Mahapalika Marg,Mumbai-1);
6. Chief Fire Officer Member, Brihan Mumbai Municipal Corporation.

Eligibility for applying – Owner / Developer through his Architect can apply.

Contact information for applying – Chief Engineer ( Development Plan Deptt)

Application fees – Rs.50,000/- per proposal towards scrutiny fee. The fees is per building.

 

Other fees – Nil

Application form – Application is to be made on plain paper

List of enclosures / documents – The Architect on behalf of Developers will submit the proposal to the committee through the Member Secretary i.e. Ch. Eng. (D.P.) along with the following documents:-

. 6 sets of complete architectural drawings.

. 2 sets of structural drawings with structural calculations.

. 2 copies of soil investigation report.

. 2 copies of report of environmental impact.

Format of enclosures / documents – NIL

Procedure for application –

Process followed after receipt of application – Ch. Eng. (D.P.) will send copies of architectural drawings to all the Members and one copy will be sent to zonal office of the building proposal. Copy of structural drawing alongwith calculations shall be sent to Shri Satish Dhupellia, structural Engineer, copy of the sub soil investigation will be sent to Shri G.B. Chaudhari, Associate Professor, V.J.T.I. and copy of report of environment assessment will be sent to S.K. Katoley Advisor, Maharashtra Pollution control Board. All the members will prepare their technical report & offer their expertise in the respective field and submit the report to Member Secretary i.e. Ch. Eng. (D.P.). The zonal building proposal office will also scrutinize the architectural plans from point of view of open spaces and parking requirements etc. and submit report to Member secretary i.e. Ch. Eng. (D.P.) enumerating any concessions required for the approval of proposal. The Member Secretary will compile all the reports and submit a set of report to the chairman of the Committee for his perusal. After the report on minimum two proposal is received, the member secretary will convene meeting of the Technical Committee with the permission of Chairman wherein, the proposal will be discussed. The concerned Architect/ developer will be informed about the date and time of the meeting. However, initially they will not participate in the meeting. Once the committee decides to recommend the proposal after discussion, there will be no need to call the Developers/Architects. However, if committee desires to suggest any changes, or get further information, the Architect/developer will be called in the meeting for discussion who may present his case to the committee. Based on the presentation given by the Architect/developer the committee shall decide whether to recommend the proposal or not. Decision of the committee will be in the form of recommendation to the M.C. and it will be open to M.C. to over-rule the recommendation of the committee giving proper justification.

Normal time taken for issuance of certificate –  45 days after submission of complete documents.

Validity period – Not specified.

Process of renewal – Not applicable.

(B) Name and description of the certificates and NOCs – NOC from DCR-67 (heritage Regulations) point of view by the Mumbai Heritage Conservation Committee ( MHCC).

. Eligibility for applying – Any person/Proposals involving development through a registered architect.

. Contact information for applying – Chief Engineer ( D. P)/ Dy. M.A.( D.P) , 4th floor , MCGM Head Office , Annexe Building , Mahapalika Marg, Fort, Mumbai- 400 001.

. Application Fee – Nil.

. Other Fees – Nil.

. Application Form –

. List of enclosures / documents –

. Format of enclosures / documents –

. Procedure of application – Application has to be addressed to the Chairman, MHCC, C/o Chief Engg. (D.P), along with the required documents/ drawings as mentioned in the enclosed list above.

. Process followed in the Public Authority after the receipt of the application – The proposals are scrutinized and the complete proposals are put up for the consideration of the MHCC by the office of the Dy. M.A. (D.P.).

. Normal time taken for issuance of the certificate /NOC – 15 days after the final decision is minuted by the MHCC.

. Validity period of the certificate/NOC – N.A.

. Process of renewal – N.A.

MUNICIPAL CORPORATION OF GREATER MUMBAI

No. CHE/ DPC/DPWS/ / Heritage of

Mumbai Heritage Conservation Committee

C/o. Deputy Municipal Architect (D.P.)

Office of the Chief Engineer (D.P.),

4th floor, Extn.Bldg. M.C.G.M.Head Office

Fort, Mumbai- 400001.

To,

————————————————-

————————————————-

————————————————-

————————————————-

Gentleman / Madam

Sub: NOC/ remarks from the M. H. C.C. for the proposal of————–

Ref: Your letter u/No.———————- dtd.

With reference to the above, I have to inform you that the property/ structure / area /——————under reference is included in the list of Heritage structures buildings / areas /precinct etc. as published by the Government of Maharashtra, Urban Development Department vide G.R.No.1090/ 3197/ RDP/ UD-11, dtd. 24.4.95. The Sr. No. of the said property/structure/area/—————————-in the Heritage list is————————and the Heritage Grade is—————————– .  The property / structure / area /——————– is also included in the Heritage Precinct /————————- Sub-Precinct. As such, it is essential to obtain prior NOC/remarks from the Mumbai Heritage Conservation Committee for any development, redevelopment, additions, alterations, repairs, renovation, plastering, painting, replacement of special features, any engineering operation ,demolition of the whole or any part thereof , change of user etc. proposed for the said listed Heritage property / structure / area /.

However, it is pertinent to note here that for scrutinizing and putting the said proposal on the agenda of the Mumbai Heritage Conservation Committee for obtaining the remarks /NOC etc, it is essential that the proposal must be submitted in a proper manner and should also be accompanied by all the necessary submission / requirements as stipulated by the M.H.C.C.

In view of the above you are requested herewith to comply with the following:-

(A) As the proposal as submitted /presented by you is incomplete, you are instructed to comply with the following submission requirements to process the matter further-

(1) Block plan (Scale 1: 500), Location Plan ( Scale 1: 2500 / 1: 4000 ).

(2) All the plans, elevations, sections of the existing structure incorporating the proposed repairs / renovation / additions / alterations/ demolition work/structural strengthening methods etc. in a proper notation and colour – code ( scale 1:100 / 1:50).

(3) All the floor plans, elevations, sections, inclusive of Municipal submission drawings of the existing bldg./ proposed new building / scheme or additions/ alterations etc. (Scale 1: 100 / 1:50).

(4) At least two sectional elevations i.e. one from staircase and lift block / water tank etc. and other from the elevational features like balcony chajja, canopy etc. showing the floor heights of the building as well as the total height of building inclusive of all additional projections like Lift machine Room/ water tank / elevational features / other ancillary structures etc. (Scale 1: 100 /1:50).

(5) Details of all the special existing / proposed architectural features. (Scale 1: 20/ 1:10).

(6) Photomontage; consisting of colour elevational photographs of proper scale (preferably 4” x 6” / 5” x 7” in size) of all sides of the existing structure / building and also of the adjoining structures in the vicinity alongwith a copy of the block plan / location plan indicating the direction of photographs . Detailed Photographs of special architectural features of the structure shall also be submitted.

(7) Block / detailed model of the scheme / structure.

(8) Architect’s appointment letter by the owner / proponent.

(9) D.P. Remarks / Traffic & Co- Ordination Remarks.

(10) P. R. Card/ True Extract Plan.

(11) Structural stability certificate for the existing structure from a registered structural Engineer (including confirmation for the additional load proposed).

(12) List of concessions required, if any, in D.C. Regulations and the justification for the same.

(13) List of any specific conditions / regulations imposed by any other statutory authority/department etc.

(14) NOC from the MHADA / BHAD Board.

(15) NOC from the C.F.O.

(16)(B) You are requested to arrange for a site inspection visit with this office staff. It may please be noted that the proposal under reference will be dealt with further on its merit and after the compliance of—————————————————————– as mentioned above.

(C) Your proposal has been taken on the agenda of the forthcoming meeting of the M.H.C.C. to be held on——————-, at item No————————–. (Case No.————-/————————-) .

You are requested to remain present for the said meeting at——————————— a.m./ p.m., at the 3rd floor conference hall, MCGM Head Office, Fort, Mumbai.

This is for your information and further necessary action in the matter.

Yours faithfully,

Dy. Municipal Architect

(Development Plan)

(C) Name and description of the certificates and NOC – NOC of monitoring committee

Eligibility for applying – Owner has to apply.  On approval of layout/ IOD/ C.C. by Building Proposal, the Mill is required to submit application to Escrow Committee.

Contact information for applying – Chief Engineer (Development Plan Dept.)

Application fees – Rs.15/- per square meter

Other fees – Nil

Application form – Application is to be made on plain paper

List of enclosures / documents – As detailed in the procedure

Format of enclosures / documents – Nil

Procedure for application –

(1) Application should details of development/ redevelopment proposal, their exact status, the financial liabilities of the Mill, the number of workers opting for VRS, the modality of VRS, means of alternative employment to other who have not opted VRS, the means of raising funds for VRS and workers’ dues, the means of meeting financial liability of financial institutions, etc. The estimated funds from redevelopment etc.  The sanction be also obtained to open Escrow A/c. in any Bank.

(2) In case the Mill proposes to sell/ enter into development in respect of any Mill land, the LOI, MOU executed this respect shall be first placed before the Monitoring Committee and clearance to the same obtained.

(3) Once clearance is received from the Committee, the Development Agreement/ Sale Agreement/ Conveyance be executed and registered. Copy be submitted to the Committee.

(4) The proceeds from the Sale/ Development Agreement be deposited in the Escrow as per the modalities of finding/ receipts stipulated in the Agreement.

(5) The disbursement of funds shall be done on the basis of periodic application made to the Committee giving reasons/ justification for withdrawal.

(6) Detailed fortnightly report be submitted thereafter alongwith certifications from The C.A. of the Company and the Bank.

(7) In case of payment to workers, details of the amount paid to each worker be submitted. A certificate from the Rashtriya Mill Mazdoor Sangh be also submitted once full payment is made to workers.

(8) In case redevelopment/ construction is undertaken by the Company themselves, then the company shall, while selling each flat, gala, shop seek permission of the Committee.  The permission cannot be sought on monthly basis as and when MOU is signed for sale of the flat, to any purchaser/ group of purchaser. The details to be placed before the Committee is BUA area of flat, the sale price agreed, the Ready Reckoner Rates prevailing, the date of MOU, exact flat No., the name of buyer, the exact storey where it is located, consideration amount, amount advance received and balanced to be received. The details be given in a tabular form of each MOU signed during the specified period. The Monitoring Committee grants permission to enter into agreement for such sale and also for disbursal of the advance received from the sale.

. Normal time taken for issuance of certificate – Not applicable

. Validity period – Not specified.

. Process of renewal – Not applicable.

18.5 With relation to registration Process-      

No registration of Architects/Developers/plumbers or any other professionals is dealt with by this department.

18.6 Collection of tax by the department-

No tax or levy is collected by the Development Plan Department.

18.7 With relation to issuing new connection electricity/water supply, temporary and permanent disconnection etc.-

The development Plan department is not connected to issuing or disconnecting services.

18.8 Details of any other public services provided by the department.-     

NIL

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