Provisions as to building which are to be newly erected.

1. (1) With respect to building which are to be newly erected 2[* * *] the following provisions shall have effect, namely:—
   • (a) The erection of any such building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner,
   • (b) The erection of any such building in any part of 3[Brihan Mumbai] in which the position and direction of the streets likely to be required in the future have not yet been laid down or determined shall with the assent of the 4[the Standing Committee] be disapproved by the Commissioner, unless the site proposed for such building is, in the opinion of the Commissioner, such as, with reference to the positions occupied by the buildings, if any, already existing in the neighbourhood, will admit of the construction in the future of one or more new streets convenient for occupiers of all the buildings in the neighbourhood and for the purposes of drainage, water- supply and ventilation: Provided that any person whose building is so disapproved may, by written notice to the Commissioner, require that the position and direction of the future streets in the vicinity of his intended building be forthwith laid down and determine, and if such requisition be not complied within six months from the date thereof, may, subject to all other provisions of this Act applicable thereto proceed with the erection of his building.
   • (c) The foundation of any such building shall not be constructed on any site which has been filled up with, or has been used as a place for depositing, excrementitious matter or the carcasses of dead animals or other filthy or offensive matter, until such matter shall have been properly removed to the satisfaction of the Commissioner.
   • (d) Every such building intended to be used as a dwelling shall be built with a plinth at least two feet above the center of the nearest street and not below such standard level as may be fixed by the Commissioner in this behalf. 5[* *](e) In additions to any means of ventilation required by any bye-law made under this Act at the time in force, every such building intended to be used as a dwelling shall be so constructed that the whole of at least one side of every room thereof shall either be an external wall or about on an interior open space. Such external wall, except where it faces a street of not less than fifteen feet in width shall have between it and the boundary line of the owner’s premises an open space, extending throughout the entire length of such wall, at least two feet wide or, in the case of a chawl or building intended to form a range of separate rooms for lodgers, at least five feet wide. Such interior open space shall have an area equal to not less than one-tenth of the aggregate floor- area of all the rooms abutting thereon and shall not be in any direction less than six feet across. And every open space, whether exterior, interior, required by this clause, shall be and be kept free from any erection thereon and open to the sky, and shall be and be kept open to access from each end thereof. Sections 347B and 347C were inserted by Bom. 76 of 1948, s. 25. The words repealed by Act 5 of 1905, are omitted. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “the Member-in-Charge” by Mah. 27 of 1999, s. 117. The original clause (e) was deleted by Bom. 5 of 1905, s. 51(b), and subsequent clauses were re-numbered accordingly.

268 The Mumbai Municipal Corporation Act [1888 : III

1. (f) Every room intended to be inhabited in any such building, except a room in the roof thereof, shall be in every part at least 1[ten] feet in height from the floor to the ceiling.
2. (g) Every such room in the roof of any such building shall have an average height of at least 2[eight] feet from floor to the ceiling 3[and a minimum height of not less than four feet.]
3. (h) Every such rooms shall have a clear superficial area of not less than 4[one hundred] square feet.
   • (i) In addition to any means of ventilation required by any bye-law made under this Act at the time in force, every such room shall be ventilated by means of doors or windows which open directly into the external air and have an aggregate opening equal to not less than one fourth of the superficial area of the side of the room which faces an open space.
4. (k) Huts or sheds, or ranges or blocks of huts or sheds, whether the same are to be used as

dwelling or stables or for any other purpose, shall be built, if the Commissioner thinks fit so to

require,—

1. (i) so that they may stand in regular lines, with a free passage or way in front of and between every two lines of such width as the Commissioner thinks proper for ventilation and for facilitating scavenging, and
2. (ii) with such and so many privies, latrines or urinal and such means of drainage as the Commissioner deems necessary, and
3. (iii) at such a level as will suffice for the means of drainage required by the Commissioner.

1. (2) Nothing in clause (a) shall be deemed to affect the power of 5[the Central Government] to determine, under section 38 of the Bombay Port Trust Act, 1879 (Bom. VI of 1879) any dispute which arises between the Trustees of the Port of Bombay and the Commissioner as to whether any road within the limits of the property of the said Trustees has been duly levelled, metalled or paved, sewered and drained.