Letter to Municipal Commissioner regarding Granting of OC to buildings above 15 years of age.

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ALERT CITIZENS FORUM OF INDIA
A7/303, SAKET CHSL, SAKET MARG, THANE (W) 400601

July 5, 2017

The Hon. Municipal Commissioner,
Thane Municipal Corporation,
Thane.

Respected Sir,

The Maharashtra Assembly on April 1, 2017 passed a bill amending the Maharashtra Regional and Town Planning Act, 1966 to regularize illegal constructions built before December 31, 2015 on the payment of penalty. 
As per the amendment, such structures will be declared as compounded structures after payment of compounding charges, infrastructure charges and premium by the owner and occupier.
The amendment also did away with the previous sanction for prosecution in cases where unauthorized development has been carried out or is being carried out on the plot having an area of more than 1,000 square metres. 
The government decided to amend the Act to enable regularizing unauthorized developments carried out on or before December 31, 2015 and which are in conformity with the Development Control Regulations (DCR).

Now, with the State Govt. deciding to regularize unauthorized buildings in the State up to December 31, 2015, there will be tremendous pressure on the Corporation to give Occupation Certificate to many buildings.

Our organization Alert Citizens Forum of India is also following up that the Corporation should grant OC to all ' legally constructed buildings - who were granted a commencement certificate -and are structurally sound and above 15 years old'.

While making this demand, we are sure that the TMC authorities must be checking whether the applicant buildings have conducted a proper Structural Audit within 12 months of making the application and are sound and livable for atleast 10-15 years.

We wish to highlight that TMC should check the following before deciding on the issue of OC and levying of penalty.

These suggestions are based on advice received from reputed Civil Engineers and also to safe guard the Corporation:

Checklist:
  1. Changes made to the buildings Columns, Beams, Pillars,
  2. Changes made in place of WC, Bathroom, Kitchen, installation of loft water-tanks,
  3. Extension  OR  Covering of Balcony,
  4. Removal of Internal walls between rooms,
  5. Internally Amalgamating (joining) of two flats, by removing partition walls /doors,
  6. Installing over-protruding Grills, Sheds, Chajjas,
  7. Conversions of basement or. Stilt /podium parking for any other usage (e.g.  Offices, Shops …. )
  8. Existence of unauthorized Lofts & Mezzanine Floors in the building,
  9. Any other encroachment of Common areas, Refuge areas and Society premises,
  10. Installation of illegal Mobile Towers and Hoardings, and adverse effect of same on the building,
  11. Whether the building has appropriate Drainage /Sewage lines connected to the Mains,
  12. Existence of Open-Well, Bore-Well and other clandestinely built sub-ground level storage water tanks,
  13. Common Electrical Wiring system,
  14. Changes in Internal /External Drainage /Sewage lines
  15. Ground and Overhead Water Tanks, Water Meters and supply pipelines,
  16. Water logging around periphery of the Building and reverse incline level of ground,
  17. Detailed report on the repairs and restorations, that is required in the Building, in terms of the Approved Plans of the building, as suggested in the Structural Audit Report.
  18. Note:   Structural Engineer /Auditor have to clearly outline each Alterations with graphic images and photographs and the repairs /rectifications /restorations that needs to be done in the Building.
We trust that the TMC authorities must be keeping this in mind while doing their duties and will conduct the requisite surveys and grant OC to eligible buildings.

Regards,

For Alert Citizens Forum of India,

Dayanand Nene
President

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