How to regularise and enclose balcony in goregaon, mumbai

Richard Levi (Querist) 18 June 2020 This query is : Resolved
Dear All,

I want to enclose my balcony with a shed and grill and regularise it. I won't be extending any internal wall, nor will I be breaking any wall or changing the internal structure of the flat. How do I apply in BMC for regularisation of the balcony? I tried looking for the online application in BMC's portal but couldn't locate it. Can someone please explain to me the procedure and the share the link of Mumbai BMC online form for regularization of the balcony for me to begin the process.

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A Goregaon resident is seeking to legally enclose their balcony with a shed and grill for safety and to prevent littering. They are unsure of the BMC application process and have faced mixed responses from their society's managing committee. While some suggest building first and paying a fine for regularization, others advise seeking official permission and using RTI to track applications, as BMC procedures for such enclosures can be complex.

SHIRISH PAWAR, 7738990900 (Expert) 18 June 2020
Hello,

You do not have any structure to regularise. BMC cannot give permission to start illegal construction.

Rajendra K Goyal (Expert) 18 June 2020
Whether it is a society flat?
If so, what is the opinion of the society?
Has any flat owner availing such facility? If yes, on what conditions?
Whether the proposed changes amount to extra unauthorized construction / structural changes?

Richard Levi (Querist) 18 June 2020
It is a society flat, society has a mixed opinion, previous managing committee gave permission orally but current managing committee not giving permission. I want to regularise it legally and add the grill with BMC permission for security and safety purpose. No other flats have done it yet, each one of them is waiting to see what happens to my case, shops on the ground floor have extended roof and grill though but they are not a part of this society although they are in same building ground floor, no construction work to be done, no structural changes to be made, wall to be broken or shifted, only safety grill and a tin roof. @rajendra goyal, SIR please give a possible solution for me to get this done legally from BMC.

Richard Levi (Querist) 18 June 2020
@shirish Pawar, sir I was reading some news articles where its mentioned BMC takes 200% fine for the grill and tin, i am ready to pay it, if that gets the work done please give a possible solution

Dr J C Vashista (Expert) 19 June 2020
Whether any other member/ resident has already enclosed balcony when it was permissible by MC of the Society?
What are the Bye-Laws of society on the subject matter?
Generally municipal authorities permit to put temporary shelter over the balcony, however check with BMC.

Richard Levi (Querist) 19 June 2020
@ Dr Vashista , No sir, we are the first to try and put a shed and grill, I was really hoping to get it done from BMC legally as the littering problem is serious and No one in BMC office is clearly giving legal solution, One agent there said just build it and we will see and take care if there is complain, I want to go by proper procedure without hurting anyone sentiment and also want to get the job done.

P. Venu (Expert) 19 June 2020
Why "shed and grill'? Is not "grill" sufficient?

Dr J C Vashista (Expert) 19 June 2020
What is the plea of Managing Committee of your Society to disallow you for placing a grill and temporary shade ?
Generally external change is not allowed in Societies as it changes the asthetical value of the premises, as approved by competent authority i.e., Urban Art Commission.

Rajendra K Goyal (Expert) 19 June 2020
Apply to the BMC as per procedure and know what are objections in declining.

Raj Kumar Makkad (Expert) 19 June 2020
As you subsequently mentioned that BMC imposes 20% cost for regularization which means that irregularty is only legalized after violation takes place.

Understand this provision minutely and go ahead if you can proceed.

Richard Levi (Querist) 22 June 2020
@P.Venu Sir, A sloppy shed needs to be attached for littering from above floors ( It is a severe problem). I shared pictured with managing committee and they say if we caught someone doing it, we will impose fine, but when littering happens they say its impossible to catch them. So I need a shed as well and I was hoping to get an answer from this forum to get this done legally or at least get it done and pay the fine to BMC, my concern is if I somehow add shed and grill and if society complains, I want BMC to impose fine and leave it and not remove the shed and grill so I am looking to regularise it. please do suggest a solution.

Richard Levi (Querist) 22 June 2020
@Dr Vashista Sir, Society says if I add everyone will ad shed and grill. I showed my genuine issue, I even requested them to give a common design for shed and grill for all society members and yet they are resisting, and I am at a point where I need the shed and grill and I need some help in regards to get it done from the officials

Richard Levi (Querist) 22 June 2020
@Rajendra Goyal Sir, I applied they neither rejected not giving permission, one agent near the BMC office told me to just build it and see what happens later, But his words were not very assuring, as I need some knowledge which will help to hold my grounds if BMC comes after I attach the shed and grill

Richard Levi (Querist) 22 June 2020
@Raj Kumar Makkad Sir, If you are aware of the provision of fine by BMC in case of Shed and grill in the balcony of the flat which will prevent the removal of shed and grill by flat and regularise then, please do share as BMC officials are not giving me solutions, I somehow feel they want violation to take place and then decide.

Rajendra K Goyal (Expert) 22 June 2020
Legally you should proceed after getting permission. Use RTI to know the fate of your application.

Practically the way was suggested by the expert Raj Kumar Makkad ji.

Raj Kumar Makkad (Expert) 22 June 2020
Whatever BMC officials are waiting for, has already been suggested to you. If there is no positive provision and they have power to regularize only after construction then what is the harm to follow this settled procedure.

P. Venu (Expert) 22 June 2020
Yes, that is the practical way to get the things done in Mumbai. BMC is a mammoth organisation handling more budget than many a State in our country and burdened with myriad problems of an ever expanding city.

Richard Levi (Querist) 22 June 2020
Thank you Sirs, for your valuable time and your response.

Rajendra K Goyal (Expert) 23 June 2020
You are welcome, may revert in case of further question on the query.

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