MUNICIPAL CORPORATION OF GREATER MUMBAI

P-4131/2019/ (627)/B Ward/MANDVI

Subject: Proposed 100% repair amounting to reconstruction of existing building

No. 95-101, (known as Taiyeb building) Nagdevi cross Lane/ 145 -157,
Abdul Rehman Street, on plot Bearing C.S. No. 627, of Mandavi Division
‘B’ Ward, Mumbai – 400 003.
Architect: Mr. Jatin Kishor Talsania of M/s. Gajjar and Associates consultant Pvt
Ltd.
Owner/NOC HOLDERS: 1) Shri. VipulVelji Shah. (NOC Holder)
2) Shri. Nilesh R. Dedhia. (NOC Holder)
3) Shri. Ismail A. Tambawala. (NOC Holder)
Reference: - Plans for approval are attached in note sheet.

In this case, the existing building No. 95-101, (known as Taiyeb building) situated on the Junction of
2 nos. of roads i.e. 9.15 Mt wide Nagdevi Cross Lane & 18.30 Mt Abdul Rehman Street which was
damaged and gutted in the fire on 03/08/2019. (Fire Report is attached in additional document). Further
to take precautionary measures and to avoid human’s life in that crowded vicinity, except 2.00 no of
shops on ground floor level, the whole building was demolished by Mhada Authority accordingly.
(Collapse Report from M.B.R.R.B. is attached in additional document). As per IOD plan under No.
EE/BP/3441/AR dated: 04/04/2008, the building u/r comprising of Ground + 4 Upper Floors having Mix
User i.e. Residential + Commercial and accordingly C.C. has been issued on 04/06/2008 as per approved
plans dated 04/04/2008. (The approved I.O.D. plan and C.C areattached in additional document).
After demolishing existing building except 2.00 nos of shops, application for 100% repairs
amounting to reconstruction was made by NOC holders i.e. 1) Shri. VipulVelji Shah, 2) ShriNilesh R
Dedhia& 3) Shri. Ismail A Tambawala which were appointed by tenants/occupants of existing building
and accordingly, Mhada authority had issued NOC of 100% repairs amounting to reconstruction in the
name of above-mentioned NOC holder u/no., III / 1039 / 2020 & III / 1038 / 2020 vide dated:
18.09.2020. (NOC of 100% repairs amounting to reconstruction is attached in additional document)
wherein then the architect was Shri. Sandeep K Gandhi, who was later changed by the new architect
namely Shri. Subodh Tari.
As per NOC issued by MHADA authority architect Shri. Subodh Tari had submitted proposal for
100% repairs amounting to reconstruction and same had been rejected by Ch.E. (D.P.) on 19/03/2021
stating that “the building has already been demolished on site the proposal under reference cannot be
processed under Regulation 60 & same needs to be processed under Regulation 33(6).”Till date no
approvals have been granted.
Further, architect Shri. Vasant Vishnu Thakur was appointed for granting various approval from
competent authority, but due to sudden death of late architect Shri. Vasant Vishnu Thakur now,
Architect Mr.Jatin Kishor Talsaniais appointed on behalf of his client 1) Shri. VipulVelji Shah 2) Shri.
Nilesh R. Dedhia 3) Shri. Ismail A. Tambawalafor granting approvals from competent authority.
Further, architect had submitted letter to Vice President of MHADA by lightening up the similar
reference case having BMC file no. CHE/CTY/1299/C/342 in which architect had submitted proposal by
requesting to allow 100% repairs amounting to reconstruction for already demolished building
comprising of Gr. + 1st to 3rd uppers floor having Mix User i.e. Residential + Commercial and same was

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rejected by Hon’ble M.C. vide his online notesheet dated 28/04/2018 stating that “Since building is
already collapsed, the repair proposal cannot be considered at this stage”. Further, the letter from
“C.E.O., MHADA addressed to Hon’ble M.C. under no. 1931/8889/R&R-2016 dated 2.11.2016
requesting to allow the 100% repairs amounting to reconstruction for the subject building on
humanitarian ground and on merits as 18 nos. of tenants displaced and the proposal for
redevelopment / reconstruction as per D.C. Regn. is not feasible.” On the said letter Hon’ble M.C. has
endorsed as, “Facts please” and accordingly the same has been approved by Hon’ble M.C. stating in his
notesheet dated 14/06/2017 that “In view of the letter of MHADA and also that this is a genuine
human problem and further as there is no sale component, we will approve the proposal as proposed
by ChE(DP). However, for future reference, please make a policy for such cases, where only rehab is
involved and there is no sale component. Further the policy should also include checks to ensure the
veracity of the existing building, its original area and the original tenants, etc.” and accordingly Full
C.C. has been granted on same footprint. Till date no such policy has been framed for such proposal
wherein only rehab tenants are involved and there is no sale component. Considering the above
reference, “Vice President, MHADA addressed to Hon’ble M.C. under no. जा.क्र.मुअ / निकाअ/ि. क्र. भू.
पा.क्र .६२७तय्यबइमारत / 589/ दव
ु पु -२०२२dated 03.08.2022 requesting to allow the 100% repairs
amounting to reconstruction for the subject building on humanitarian ground and on merits as 31 nos.
of tenants displaced and the proposal for redevelopment / reconstruction as per D.C. Regn. is not
feasible.” accordingly, architect Mr. Jatin Kishor Talsania have submitted proposal for 100% repairs
amounting to reconstruction of existing building as per MHADA certified plans dated 21/09/2020
situated at Nagdevi cross Lane/ 145 -157, Abdul Rehman Street, on plot Bearing C.S. No. 627, of Mandvi
Division ‘B’ Ward, Mumbai – 400 003.

4B. SCRUTINY SHEET

Sr.No. ITEM. Required as Proposed as Def. Remarks to be filled up by S.E.

per DCPR per Attached
2034. Plans in
Console.
TYPE OF BUILDING: -
A. Only ---- ---- ---- ----
Residential.
B. Only ---- ---- ---- ----
Commercial.
C. Residential As per Reg. In this case, we ---- Proposal is for repairs
cum No. 34 of have amounting to reconstruction of
Commercial. DCPR 2034. submitted existing building on existing
proposal for foot print Ground to 4thfloors
100% repairs
amounting to
reconstruction

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of existing
building
comprising
Ground + 1st to
4th floor level
having mix
users i.e.
Residential +
Commercial
which is as per
IOD plan dated
04/04/2008
and MHADA
certification
dated
21/09/2020.
D. I.T. ---- ---- ---- ----
E. Any Other. ---- ---- ---- ----
1. STAIRCASE REQUIREMENTS: -
a) Height up to Existing Existing height NIL Existing height of the building
32.00 MT. height of of Bldg of Ground + 4th floor is 21.20
Bldg 21.20mt Mt. as per Certified MHADA
21.20mt Plan Dt. 21.09.2020 & as per
b) Height ---- ---- ---- IOD plans issued u/no.
between EB/3441/B/AR dt. 04.04.2008
32.00Mt to copy of the same attached in
70.00Mt. additional documents.
c) Height above ---- ---- ----
70.00Mt.
d) Width of ---- ----
Staircase.
i)Internal ---- ---- ----
Staircase.
ii)Internal Lift. ---- ---- ----
iii)Fire Staircase. ---- ---- ----
e) No. of ---- ---- ----
Staircase
required.
i) Travel ---- ---- ----
Distance.

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2. HEIGHT PERMISSIBLE: -
Height Existing height of the building ---- Existing height of the building
Permissible. of Ground + 4th floor is 21.20 of Ground + 4th floor is 21.20
Mt. as per Certified MHADA Mt. as per Certified MHADA
Plan Dt. 21.09.2020 & as per Plan Dt. 21.09.2020 & as per
IOD plans issued u/no. IOD plans issued u/no.
EB/3441/B/AR dt. 04.04.2008 EB/3441/B/AR dt. 04.04.2008
copy of the same attached in copy of the same attached in
additional documents. additional documents.
3A. REHAB RATIO: - N.A. N.A.
3B. DISTANCE FROM 3.00 Mt. N.A. N.A. N.A. Being Proposal submitted
FRONT SETBACK F.O.S. is for 100% repairs amounting to
FROM STREET AS required in reconstructions.
PER REG. NO. Island City as
41(4) TABLE NO. per Reg. No.
18 A. OF DCPR 41(4) Table
2034: - No. 18 A. of
DCPR 2034.
4. OPEN SPACE: -
In this case, Architect has submitted proposal for 100% repairs amounting to
reconstruction with existing open spaces as per MHADA certified plans dated 21/09/2020.
Further as per circular issued u/no. CHE/DP/5555/Gen dated 15/09/2020 the existing open
spaces is treated as adequate as per regulation 60 of DCPR 2034 and no open space
deficiency will be charged.
Further Architect have to mentioned herewith that except 2.00 nos of shops on
ground floor level remaining whole building was demolished by MHADA which was damaged
and gutted in the fire. Therefore now, architect has submitted proposal for 100% repairs
amounting to reconstructions by clearing setback area which is created on junctions of 2.00
nos. of existing/abutting roads i.e. 9.15 Mt wide Nagdevi Cross Lane & 18.30 Mt Abdul
Rehman Street and reduces the wall thickness to proposed additional open space as
compared to earlier approved plans which is certified by MHADA on 21/09/2020.
The proposed open spaces for 100% repairs amounting to reconstruction is are as
follows: -
Side Existing open O.S. Proposed Defi % Remarks.
space as per as per plan cien Defi
existing attached in cy cien
plans console. cy
North NIL NIL As per Circular No.
CHE/DP/5555/Gen.15.09.2020
West NIL NIL the existing open spaces are
South NIL NIL adequate for 100% repair

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East NIL NIL

proposals under regulation 60
of DCPR 2034 & No Open Space
Deficiency will be charged.
5. R.G. AMENITY/OPEN SPACE (AS PER REG. NO. 27 OF DCPR 2034.)
i) 10% N.A. NIL NIL Not Applicable. Proposal is for
ii) 15% repairs amounting to
iii) 20% reconstruction of existing
iv) 25% building on existing foot print
ground to 4th floor.
6. CHOWKS
a) Inner Chowk. N.A. N.A. N.A. Not Applicable. Proposal is for
b) Outer Chowk. N.A. N.A. N.A. repairs amounting to
reconstruction of existing
building on existing foot print
ground to 4th floor.

7. SERVICE DUCTS.
a) For building N.A. N.A. N.A. Not Applicable. Proposal is for
upto 70.00 repairs amounting to
Mt. Height. reconstruction of existing
b) For building N.A. N.A. N.A. building on existing foot print
beyond 70.00 ground to 4th floor.
Mt. Height.
8. PROJECTIONS: -
a) Balcony/ NA NA ---- Not Applicable. Proposal is for
Deck. repairs amounting to
b) Revas NA NA ---- reconstruction of existing
Projection building on existing foot print
c) Porches NA NA ----ground to 4th floor.
d) Canopy NA NA ----
e) Chajja NA NA ----
f) Refuge Area NA NA ----
9. TENEMENT Not Applicable. Proposal is for repairs amounting to reconstruction of
DENSITY: - existing building on existing foot print ground to 4th floor.

10. MECHANICAL VENTILATION SHAFT: -

a) Size. NA NA ---- N.A.
b) Cross NA NA ----
Sectional
Area

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11. PARKING SPACES (AS PER REG. NO. 44 OF DCPR 2034): -

a) Type of
Parking
i) Conventional N.A. N.A. N.A. Not Applicable. Proposal is for
ii) Stacked N.A. N.A. N.A. repairs amounting to
iii) Mechanical N.A. N.A. N.A. reconstruction of existing
iv) Parking Tower N.A. N.A. N.A. building on existing foot print
b) Transport N.A. N.A. N.A. ground to 4th floor.
Vehicles (As
per Reg. No.
44 of DCPR
2034)
12. MEANS OF ACCESS FOR PARKING: -
a) Ramps N.A. N.A. N.A. Not Applicable. Proposal is for
b) Car Lifts N.A. N.A. N.A. repairs amounting to
c) Mechanical N.A. N.A. N.A. reconstruction of existing
Parking building on existing foot print
ground to 4th floor.
13. SUBSTATION (AS N.A. N.A. N.A. N.A.
PER REG. NO. 28
OF DCPR 2034)
14. OCCUPANCY N.A. N.A. N.A. N.A.
STATEMENT
15. SANITATION REQUIREMENT: -
For Shops, N.A. N.A. --- N.A.
Market,
Industries Etc.,
16. FREE OF F.S.I. (AS PER REG. NO. 31(1) OF DCPR 2034): -
a) Basement for --- --- --- Not Applicable. Proposal is for
Parking Etc. repairs amounting to
b) Stilt --- --- --- reconstruction of existing
c) Entrance --- --- --- building on existing foot print
Lobby. ground to 4th floor.
d) Staircase --- --- ---
Lobby & Lift
Lobby, Smoke
Vent.
e) Servant toilet --- --- ---
at Mid-Landing
Level/Stilts,

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Parking Floor
Level.
f) Parking Floors. --- --- ---
g) Fire Check --- --- ---
Floors.
h) Service Floor --- --- ---
i) Society Office --- --- ---
j) Fitness --- --- ---
Centre/
Yogalaya
k) Staircase --- --- ---
Room on
Terrace/ Lift
Machine Room
l) Pump Room / --- --- ---
Electric
Substation
m) Any Other --- --- ---
Provisions as
per DCPR
2034.
17. DETAILS OF --- --- --- N.A.
CONTRAVENING
TOILET -
18. DETAILS OF --- --- --- N.A.
BUILDABLE
RESERVATION.
A. B.U.A. TO BE
HANDED OVER.
19. DETAILS OF EWS --- --- --- N.A.
A. B.U.A. TO BE
HANDED OVER.
20. ANY OTHER --- --- --- N.A.
DETAILS: -

21. OWNERSHIPS: -
Architect has submitted copy of P.R. Card, the plot under reference belongs to ‘(A) Kurban
husein Rehmatally & Hatimbahi Rehmatally & (B) Lalboo Wd/o. Abdulally Shaikh Ahmed’ as
the owner of the plot under reference.
Architect has also submitted the NOC from Owner copy of the same attached in additional

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documents. As per the M.B.R.& R. Board (MHADA) NOC u/no. 3108 / 2019 Dt. 19.11.2019
was issued in the name of Architect Shri. Sandeep K. Gandhi. The existing bldg. was damaged
in fire on 03-08-2019 and thereafter M.B.R.&R. Board (MHADA) demolished the bldg.
Architect has also submitted the copy of Tenant consent regarding appointment of NOC
Holders & Proposal for repairs amounting to reconstruction same attached in additional
documents and accordingly M.B.R.& R. Board (MHADA) has issued NOC for Repairs
amounting to reconstruction u/no. Outward No. Zone III/1039/2020 Dt. 18.09.2020 in the
name of Shri. Vipul Velji Shah, Shri. Nilesh R. Dedhia, Shri. Ismail A. Tambawala. Thereafter
the Revised NOC from M.B.R.& R. Board MHADA Outward No. Zone III/1038/2020 Dt.
18.09.2020. The appointment of previous Architect Shri. Sandeep K. Gandhi is cancelled &
Then Architect Shri. Subodh Tari had been appointed Copy of the same attached in
additional documents. Now Architect Jatin K Talsania has been appointed and Mhada
Tenant list certified is attached in additional document.
As per Tenant consent regarding appointment of NOC Holders & Proposal, the notice under
section 342 of M.M.C. Act and form under section 44/69 of M.R.T.P. Act (attached in
additional document) is signed by 1) Shri. VipulVelji Shah, 2) Shri. Nilesh R. Dedhia, & 3) Shri.
Ismail A. Tambawala (Noc Holders) of the property.
In view of above, the ownership of the plot under reference may be accepted
subject to submission of title clearance before issue of approval
22. HARSHIPS FOR REDEVELOPMENT UNDER REGULATION NO. 33(6) OF DCPR 2034: -
Then Architect had submitted the Hardship letter copy of the same, attached in additional
documents As per NOC issued by MHADA authority architect Shri. Subodh Tari had
submitted proposal for 100% repairs amounting to reconstruction and same had been
rejected by Ch.E. (D.P.) on 19/03/2021 stating that “the building has already been
demolished on site the proposal under reference cannot be processed under Regulation 60
& same needs to be processed under Regulation 33(6).”
Accordingly, tenants/occupants of existing building had put up their grievances that
the existing building was gutted by the fire and later the same was demolished by the
Mhada Authority, since then all the tenants / occupants of the said ‘Taiyab Building’ are out
of their premises with their family and no business to carry on, till the same building is re-
constructed again on the same foot prints as submitted. In addition to the building gutted by
fire and demolished by Mhada Authority, they have also suffered lockdown - Covid-19
pandemic situation and Shri. Amin Patel (M.L.A.) had addressed letter to Shri. Anil Diggikar
(Vice President & Chief Executive officer of Mhada) on 13/08/2021 for considering the
hardship of tenants of Taiyab building and requested to give permission to
repair/reconstruction for the said building as it was before on same footprint.
Accordingly, architect had submitted letter on 06/06/2022 to MHADA authority
stating major hardships for the redevelopment scheme under regulation 33(6) of DCPR 2034
which is not feasible on this plot under reference due to following reasons as stated below: -
1. The plot under reference is unbuildable having plot area adms. 290.97sq.mthaving
width 10.25mtswith existing plinth area coverage of 256.68 sq.mt. i.e. almost

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91.80%of ground area of plot is constructed. Further architect has to mentioned

herewith that in existing building entire ground floor + part 1st floor level is occupied
by commercial tenants which need to be re-accommodated as per their approved
BUA on their respective floor level as they were out of their premises for almost 2
years with no business and suffered a lot due to lockdown – Covid -19 situation,
therefore to revive and give them chance to bring their life back to normal, it is
requested to allow 100% repairs amounting to reconstruction of existing building
and grant concession within the open spaces as DCPR 2034 by considering their daily
livelihood.
2. The plot u/r is affected by setback area created on junctions of 2 nos. of
existing/abutting roads i.e. 9.15 Mt wide Nagdevi Cross Lane & 18.30 Mt Abdul
Rehman Street as per demarcation issued u/no. EEBP/1636/Survey/City-I dated
24/09/2021 due to which the plot u/r is found inadequate shaped after deduction of
setback area and become unbuildable if provision of open space requirement
proposed as per DCPR 2034.
3. Existing cessed building comprising of Ground + 4 upper floor level which was gutted
under fire and was damaged. Therefore, the damaged building was demolished by
M.B.R. & R. Board (MHADA). Accordingly, MHADA board has granted NOC for
Repairs Amounting to Reconstruction on 19/09/2020.
4. Considering the plot size, dimensions of plot and setback, it is not feasible to plan
the existing building consisting of 18 no of shops and 13 of residential tenement,
considering redevelopment u/s. 33(6) or 33(7) under DCPR 2034.
5. Therefore, architect has requested consideration on humanity ground. Architect is
hereby requesting to approve proposal considering 100% repairs amounting to
reconstruction by clearing setback area and by insisting RUT that the no sale
component will be proposed on plot under reference.
As considering above major hardships while redeveloping the plot u/r. in
Regulations. 33(6)/33(7) of DCPR 2034, “Vice President, MHADA addressed to Hon’ble M.C.
under no. जा.क्र.मुअ / निकाअ/ि. क्र. भू. पा.क्र .६२७तय्यबइमारत / 589/ दव
ु पु -२०२२ dated
03.08.2022 requesting to allow the 100% repairs amounting to reconstruction for the
subject building on humanitarian ground and on merits as 31 nos. of tenants displaced and
the proposal for redevelopment / reconstruction as per D.C. Regn. is not feasible.”
Therefore, in view of above, Architect has requested to allow 100% repairs
amounting to reconstruction as per existing plans certified by MHADA dated 21/09/2020 as
per Reg. 60 of DCPR 2034 considering the above hardships on humanitarian ground and
requested to formulate policy for such cases, where only rehab tenant is involved and there
is no sale component in it subject to RUT that building will be of same footprint, planning,
building height, built up area as certified by M.B.R. & R. Board and there will be no sale
component area and all the occupants/ tenants shall be rehoused with existing carpet area /
built up area foot print as it which was earlier on site.
In view of above, Ch. Eng. (DP)/ Hon’ble M.C. consideration and approval is

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requested to allow 100% repairs amounting to reconstruction as per existing plans

certified by MHADA dated 21/09/2020 as per Reg. 60 of DCPR 2034 considering the above
hardships on humanitarian ground. subject to RUT that building will be of same footprint,
planning, building height, built up area as certified by M.B.R. & R. Board and there will be
no sale component area and all the occupants/ tenants shall be rehoused with existing
carpet area / built up area foot print as it which was earlier on siteas explained above.
23. PROPOSED WORK: -
In this case, as per the M.B.R.& R. Board (MHADA) NOC u/no. 3108 / 2019 Dt.
19.11.2019 was issued in the name of Architect Shri. Sandeep K. Gandhi. The existing bldg.
was damaged in fire on 03-08-2019 and thereafter M.B.R.&R. Board (MHADA) except 2
shops on ground floor demolished the bldg. However, M.B.R.& R. Board (MHADA) has issued
NOC for Repairs amounting to reconstruction u/no. Outward No. Zone III/1039/2020 Dt.
18.09.2020 in the name of Shri. Vipul Velji Shah, Shri. Nilesh R. Dedhia, Shri. Ismail A.
Tambawala. Architect has also submitted the copy of Tenant consent regarding appointment
of NOC Holders & Proposal for repairs amounting to reconstruction same attached in
additional documents. Thereafter the Revised NOC from M.B.R.&R. Board MHADA Outward
No. Zone III/1038/2020 Dt. 18.09.2020. The appointment of previous Architect Shri. Sandeep
K. Gandhi is cancelled & Then Architect Shri. Subodh Tari had been appointed.
As per NOC issued by Mhada authority architect Shri. Subodh Tari had submitted
proposal for 100% repairs amounting to reconstruction and same had been rejected by Ch.E.
(D.P.) on 19/03/2021 stating that “the building has already been demolished on site the
proposal under reference cannot be processed under Regulation 60 & same needs to be
processed under Regulation 33(6).”
Further, architect Shri. Vasant Vishnu Thakur was appointed for granting various
approval from competent authority, but due to sudden death of late architect Shri. Vasant
Vishnu Thakur now, Architect Mr.JatinKishorTalsaniais appointed on behalf of his client 1)
Shri. VipulVelji Shah 2) Shri. Nilesh R. Dedhia 3) Shri. Ismail A. Tambawalafor granting
approvals from competent authority.
Accordingly, architect had submitted letter on 06/06/2022 to MHADA authority
stating major hardships for the redevelopment scheme under regulation 33(6) of DCPR 2034
which is not feasible on this plot under reference which is are as follow: -
However architect has submitted Hardship letter on 06/06/2022 to MHADA
authority stating major hardships for the redevelopment scheme under regulation 33(6) of
DCPR 2034 which is not feasible on this plot under reference and it is mentioned that the
Plot is small 290.97 sqmt, having width of 10 .25 mts. Existing cessed bldg.( Gr + 4 upper
floors) gutted under fire on 3.8.2019 & damaged. Therefore the damaged bldg was
demolished by M. B.R. &R Board ( MHADA) except 2 shops on ground floor. Post the fire
incident M.B. R.& R. Board (MHADA) has granted NOC for 100% Repairs Amounting to
Reconstruction On19-09 -2020. Plot is affected by setback road widening of existing D.P.
Roads, 18.30 mts and 9 .15 mts as per survey remark, subject to demarcation. Considering
the plot size, dimensions of plot it is not feasible to plan the existing bldg consisting of 18

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shops on ground floor and 13 Resi. Tenements, redevelopment u/s 33 (6) or 33 (7) under
DCPR2034. Therefore MHADA gave NOC for Repairs Amounting to Reconstruction of existing
bldg on existing footprint with same plan& same dimensions. There is no sale area proposed
and only Rehab component (of existing tenants) is proposed. The entire cost of 100% Repairs
Amounting to Reconstruction is to be borne by the existing tenants. All the tenants are
1. The plot under reference is unbuildable having plot area adms. 279.61 sq.mt
with existing plinth area coverage of 256.68 sq.mt. i.e. almost 91.80%of ground
area of plot is constructed.
2. The plot u/r is affected by setback area created on junctions of 2 nos. of
existing/abutting roads i.e. 9.15 Mt wide Nagdevi Cross Lane & 18.30 Mt Abdul
Rehman Street as per demarcation issued u/no. EEBP/1636/Survey/City-I dated
24/09/2021 due to which the plot u/r is found inadequate shaped after
deduction of setback area and become unbuildable if provision of open space
requirement proposed as per DCPR 2034 point of view.
3. Existing cessed building comprising of Ground + 4 upper floor level which was
gutted under fire and was damaged. Therefore, the damaged building was
demolished by M.B.R. & R. Board (MHADA). Accordingly, MHADA board has
granted NOC for Repairs Amounting to Reconstruction on 19/09/2020.
4. Considering the plot size, dimensions of plot and setback, it is not feasible to
plan the existing building consisting of 18 no of shops and 13 of residential
tenement, considering redevelopment u/s. 33(6) or 33(7) under DCPR 2034.
5. Therefore, architect has humbly requested your consideration to his prayers, as
stated above, your positive approach towards current situation, will be highly
appreciated, as the tenants – occupants are looking forward towards starting life
from zero and settle again, if considered by yourself on humanity ground.
Architect is hereby requesting to approve proposal considering 100% repairs
amounting to reconstruction by clearing setback area and by insisting RUT that
the no sale component will be proposed on plot under reference.
Therefore, Architect Mr. Jatin Kishor Talsania has submitted proposal for 100%
repairs amounting to reconstruction of existing building on existing foot print Ground +
4thupper floors of the building i.e. reconstruction of Ground, 1st,2nd,3rd,4thfloor with encasing
R.S. columns beams & flooring with RCC slab / R.S. joists at all floors. Walls are proposed to
be reconstructed in bricks with cement plaster on both sides. There is no increase in existing
Built Up Area as per certified by MHADA plan (Excluding Non-tallying portion and Balcony
which will not be constructed). The proposed work falls in category - II of repair policy in
vogue. Architect, therefore has requested for allowing 100% repairs amounting to
reconstruction for the building under reference. Further Architect has increased the open
spaces by reducing the wall thickness as compared to existing plans certified by MHADA
dated 21/09/2020.
In view of above Ch. Eng. (B.P.) / Hon M.C.”s consideration and approval is
requested to allow proposed 100% repairs amounting to reconstruction of Gr. to 4 floors.

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which was demolished by M.B.R. & R. Board due to the fire incidence subject to RUT that
building will be of same footprint & same planning, height, built up area as certified by
M.B.R. & R. Board and there will be no sale component in it and all the occupants/ tenants
shall be rehoused with existing carpet area / built up area foot print as it which was earlier
on site. The proposed repair falls in category-II of the type of repairs as per regulation (2)
of Appendix IV (regulation 60) of DCPR 2034.
24. MHADA NOC: -
As per the M.B.R.& R. Board (MHADA) NOC u/no. 3108 / 2019 Dt. 19.11.2019 was
issued in the name of Architect Shri. Sandeep K. Gandhi. The existing bldg. was damaged in
fire on 03-08-2019 and thereafter M.B.R.&R. Board (MHADA) demolished the bldg. However,
M.B.R.& R. Board (MHADA) has issued NOC for Repairs amounting to reconstruction u/no.
Outward No. Zone III/1039/2020 Dt. 18.09.2020 in the name of Shri. VipulVelji Shah, Shri.
Nilesh R. Dedhia, Shri. Ismail A. Tambawala. Thereafter the Revised NOC from M.B.R.&R.
Board MHADA Outward No. Zone III/1038/2020 Dt. 18.09.2020 is attached in additional
document
25. AUTHENTICITY OF EXISTING STRUCTURE: -
Architect has submitted the copy of True Extract of Survey sheet no. 128 (Fourth
Edition 1969) the building consists of Ground + 4 floors, copy of the same attached in
additional documents. Architect has also submitted copy of Inspection Extract for the year
1995-96 with Annexure. Architect has attached MHADA certified existing Plan of building
comprises of Ground + 4th floors copy of the same attached in additional documents.
Architect has submitted IOD issued U/No. EE/BP/ 3441 / AR dt. 04.04.2008. Wherein the
building can be seen with commercial +Residential as shown on the plan along with C.C. of
dated04.06.2008.
In view of above, Ex. Eng. (B.P.) City – I‟s approval is requested to accept the
authenticity of building.
26. Non-tallying portion
Architect has submitted the copy of Non-tallying Remarks of existing bldg. The Non Tallying
portion marked as “A1‟ to „A20‟. The existing bldg. was damaged in fire on 03-08-2019 and
thereafter M.B.R.& R. Board (MHADA) demolished the bldg. except 2 shops on ground floor.
Architect has deleted the Non Tallying Portion marked ‘’A1’’ to ‘’A20’’ on proposed drawing
same is attached in additional documents.
27. NO ACTION PENDING: -
Architect has submitted letter to A.E. (B & F) “B” Ward dt. 08.01.2020 for no action
pending remarks for subject plot. No remarks are yet received to this office. It is therefore
be presumed that, Asst. Commissioner “B” ward has no objection for considering the
proposal as mentioned in this office letter and the proposal can be processed further for
competent sanction of authority.
28. DP REMARK2034/ R.L. REMARKS /AE(SURVEY)REMARK: -
As per D.P.2034 /AE (Survey) remark, the plot under reference falls in Commercial
– Zone. As per D.P. Remarks 2034 the plot under reference doesn‟t affect for any

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Reservation copy of the same attached in additional document.

29. R.L REMARKS: -
Architect has attached demarcation from A.E. (Survey) City issued u/no.
EEBP/1636/Survey/City-I dated 24/09/2021 in online console, for sanctioned R.L. of 18.30
Mts. Wide Abdul Rehman Street and 9.15 Mts. Wide Nagdevi Cross Lane affecting to plot
bearing C.S. No. 627 of Mandvi Division in ‘B’ Ward.
30. TAX CLEARANCE CERTIFICATE: -
Architect has submitted Tax Clearance Certificate dt. 31.03.2020 from Assessment
department. There are no dues pending on this property. Copy of the same attached in
additional documents. The fresh tax clearance certificate at the time of C.C. will be
incorporated as an IOD condition.
31 CFO NOC
Architect has proposed 100% repairs amounting to reconstruction of Gr. to 4 floors. The CFO
NOC is not required as per circular u/no 56 dt. 02.09.2022(attached in additional document)
Architect has requested to insist NOC from fire and life safety Auditor being building height
less 32m,fire safety report will be submitted before issue of approval.
In view of Ex. Eng. (B.P.) City – I‟s approval is requested to insist NOC from fire and life
safety Auditor before issue of approval
32. STRUCTURAL STABILITY CERTIFICATE: -
In this case, Architect has submitted structural stability certificate from Registered
structural Engineer for proposed work stating that the building was gutted in fire on
03.08.2019 & M.B. R. & R. Board (MHADA) authority had dismantled the damaged Ground,
1st, 2nd, 3rd, 4thfloors & now 2 shops are standing on site. Structural Engineer suggested to
construct totally new building with R.S. Columns, Beams with encasing with RSJ LadiCobaLadi
floors / R.C.C. slab floors. Structural Engineer suggested to dismantle the existing ground
floor shops also to facilitate smooth new construction.Architect has requested to insist the
detailed structural drawings, design & calculations before C.C. a condition to that effect will
be incorporated as an I.O.D. condition.
33. PROPOSED LIFT: -
Architect has proposed erection of lift well of size 1.25 X 1.40 within the staircase
landing area from ground to 4th upper floors within the footprints of existing building.
Architect has submitted Medical Certificate from tenants for provision of lift attached in
additional document. There is no change in open space as well as F.S.I. Hardship letter for lift
installation of architect is enclosed in additional document according to hardship letter it is
advisable from structural point of view to construct the lift during construction of building
under 100% repairs amounting to reconstruction, to have monolithic construction. Hence
installation of lift & 100% repairs amounting to the reconstruction is proposed in the single
proposal.
In view of the above, Chief Engineer (D.P.) / Hon’bleM. C’s approval is requested
to allow Installation of lift within the existing footprints of the building free of FSI without
charging premium.

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34 Premium for open space deficiency :

As per Circular No. CHE/DP/5555/Gen Dt. 15.09.2020 “Hon‟ble M.C. has stated to frame a
policy for such repair proposals. It is to be mentioned here that such repair proposals do not
have any profit motives and are submitted out of compulsion due to condition of structural
repairs needed and related refurbishing. Temporary accommodation costs are further
added– liabilities on applicant for occupants unlike in development or redevelopment
proposal more over the business profit is lost in this case. Further in case of 100% repairs,
horizontal and vertical dimensions of the existing building are unchanged. Further, there is
no additional built up area or change of user involved”. The existing open spaces are
adequate for 100% repair proposals under regulation 60 of DCPR 2034”. As per Hon‟ ble
M.C.‟s Circular No. CHE/DP/5555/Gen dt. 15/09/2020 there in no requirement of open
space as specified in the regulation and the available / zero open spaces will be treated as
adequate. However these open spaces will be treated as tolerated & No Open Spaces
Deficiency will be charged
35 Partition Wall of NR & R

In this case MHADA certified plans and tenant list are submitted by Architect Attached in
Additional Document, The Certified Plans has minor Errors so Architect has closed the
internal wall connecting the flat and shop on 1st floor also the certified tenant list is
submitted in which tenants mentioned are different so internal partition wall is proposed
between Nr shop and Flat on 1st Floor as per certified tenant list instead of as certified in
Mhada Plans.

In View of Above Dy.Ch.Eng(B.P)City’s Approval is Requested to Approve the Partition

Wall Proposed between Nr shop and Flat on 1st Floor as per certified tenant list.
36. SWM NOC and BG: -
As per Hon’ble Supreme Court’s Order dated 15.03.2018 and various circulars
issued MCGM regarding debris, Architect has submitted valid bank guarantee till date
1/10/2025 and same is attached in additional document. The valid SWM NOC will be
attached before issue of plans.
This is to certify that the information filled is true and correct to the best of my knowledge

JATIN
Architect: - Mr. Jatin Kishor Talsania COA: -CA/2021/129971.
Digitally signed by JATIN KISHOR TALSANIA
DN: c=IN, st=Maharashtra,
2.5.4.20=92771e1c94c2849e3a45abfdb269bb35d2201

KISHOR
722a1217d693a9fc2efe7118b54, postalCode=400068,
street=ROOM NO6,MULJI BHARWAD CHAL,SNDUBE
ROAD,OPPRIVER PARK,RAWAL PADA,DAHISAR EAST,
pseudonym=4c1a3431cde4a7ee73b969627fec6a05,
serialNumber=ff6e23882093bf499a46475d6c437bd8d

TALSANIA
3e50fa3ba00e882017da75e82951de9, o=Personal,
cn=JATIN KISHOR TALSANIA

of M/s. Gajjar& Associates Consultants Pvt LTD. Signature

Date: 2022.09.08 16:56:10 +05'30'

As per the M.B.R.& R. Board (MHADA) NOC u/no. 3108 / 2019 Dt. 19.11.2019 was issued in the name
of Architect Shri. Sandeep K. Gandhi. The existing bldg. was damaged in fire on 03-08-2019 and
thereafter M.B.R.&R. Board (MHADA) demolished the bldg. However M.B.R.& R. Board (MHADA) has
issued NOC for Repairs amounting to reconstruction u/no. Outward No. Zone III/1039/2020 Dt.
18.09.2020 in the name of Shri. Vipul Velji Shah, Shri. Nilesh R. Dedhia, Shri. Ismail A. Tambawala.
Thereafter the Revised NOC from M.B.R.& R.Board MHADA Outward No. Zone III/1038/2020 Dt.

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P-4131/2019/ (627)/B Ward/MANDVI

18.09.2020. The appointment of previous Architect Shri. Sandeep K. Gandhi is cancelled & New
Architect Shri. Subodh Tari had been appointed. Architect had also submitted the Fire Investigation
Report u/no. FB/RI/Gen/654 dt. 13.09.2019. with existing file earlier approved by this office vide IOD
U/No. EE/BP/ 3441 / AR dt.04.04.2008 and CC dated 04.06.2008 for Ground + 4th floor commercial +
Residential building.
Further, architect Shri. Vasant Vishnu Thakur was appointed for granting various approval
from competent authority, but due to sudden death of late architect Shri. Vasant Vishnu Thakur now,
Architect Mr.Jatin Kishor Talsania appointed on behalf of his client 1) Shri. Vipul Velji Shah 2) Shri.
Nilesh R. Dedhia 3) Shri. Ismail A. Tambawala for granting approvals from competent authority.

Architect Mr.Jatin Kishor Talsania has submitted the proposal for 100% repairs amounting to
reconstruction on existing foot prints & proposed installation of lift within the existing footprints of
the building free of FSI without charging premium on Ground to 4th floor. The proposed repair falls in
category-II of the type of repairs as per regulation (2) of Appendix IV (regulation 60) of DCPR 2034.
The architect has requested to allow the installation of lift on medical grounds and has submitted the
combined proposal of lift installation and 100% repair amounting to reconstruction on existing
footprints to avoid the hardship during construction of lift well, which has to be monolithic with the
existing structure.
Submitted Please.

JIBHAKATE Digitally signed by

NIKHIL S Digitally signed by NIKHIL S SURYAWANSHI
DN: c=IN, o=MUNICIPAL CORPORATION OF GREATER MUMBAI, ou=DY. JIBHAKATE
ROSHAN ROSHAN NARESH
CHIEF ENGINEER (BUILDING PROPOSAL) CITY,
2.5.4.20=9e283485ac73b80a97f0e03255023bf0c670f879ae84f82f37ed5014

SURYAWANSHI
a6c4ee32, postalCode=400037, st=Maharashtra,
serialNumber=AB9E479833A1C23155FAE10A05E856C2EDDA8A368AC8876
C6C00C9042C5570BE, cn=NIKHIL S SURYAWANSHI
Date: 2022.09.15
NARESH 16:28:42 +05'30'
Date: 2022.09.08 19:26:35 +05'30'

S.E.(B.P.)CITY-II A.E.(B.P.)CITY-I
E.E.(B.P.) City - I

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