BrihanMumbai Municipal Corporation (BMC) has rejected the application filed by the Architect of Narayan Rane to regularise unauthorised construction done in the Adhish bungalow situated in Juhu. The letter issued by the Chief engineer's building proposal department directed him to submit documents within 15 days, which his architect failed to submit while submitting of regularization application.
A rejection letter was issued by BMC stated, "Architect has not submitted the list of indicative concessions stated in the form and the proposal is silent on the work proposed to be regularized/ retained in CRZ II."
As per OCC Plan, "The plot area is 2209 sq. mt. and permissible Built Up Area (BUA) is 2814.81 sq. mt which is consumed as per Development Control Rule (DCR) 1967 in CRZ. The architect has now claimed FSI as per DCPR 2034 which is admissible on the entire plot. However in this case the FSI claimed is on the basis of mutation entry which is not permissible as a formal subdivision of the plot is not approved. It will have an imbalance of FSI and will affect the rights of the occupants of other existing building on plot under the reference".
The letter stated that the additional proposed work on every floor already exists at the site hence proposal does not fall within the ambit of the proposed work.
The letter also mentioned a list of documents that had not been submitted by the architect of Rane. Such as NOC from a fire department for high rise building is not submitted. NOC from the assessment department is not seen attached for clearance of property tax. Title Clearance certificate from Solicitor is not submitted as per provision of DCPR 2034.
The notice further stated there are discrepancies in plans submitted by Architect, there is a deficiency in parking and the same is not taken into account while submitting a proposal. The plot area, sections, and floor plot are not as per the provision as per DCPR 2034.
Habitable user is proposed on 1st and 2nd recreation floor and 7th Refuge floor & terrace However, the architect has not put forth the submission/explanation in respect of area under staircase/lift/lift lobby area for the said floors. stated in the letter
In OCC plans, 1st recreation, second recreation and entire refuge floor were approved free of FSI. Due to additional work making the said floors habitable now, the free FSI area on these floors will not be allowed as per the provision of DCPR 2034.
BJP leader Narayan Rane while commenting on the BMC's rejection said "Act of BMC is malicious and politically motivated. I have taken all permission before entering the house but BMC unnecessarily sent me notices. If we see 90 percent of the construction in Mumbai is illegal. construction at Behram Pada and near Kalanagar Bandra are unauthorized but no one dares to act against them" Said Narayan Rane while speaking to Media.
Senior Advocate Y.P.Singh said "While the BMC action is welcome, the fact remains that the CRZ clearance for this building is only of 11 m height and 32 m height has been constructed. Being in the CRZ area a part of this building will have to be demolished so that the height comes down from 32 m to 11 m. Further, the BMC is completely silent on an illegal hotel which has been built in the same larger plot by illegally changing the layout and by consuming the recreation garden."