Power to regulate future construction of certain classes of buildings in particular streets of localities

(1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months,—

1. (a) that in any street or portion of streets specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;
2. (b) that in any localities specified in the notice, there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;
3. (c) that the minimum of building plots in particular localities shall be of a specified area;
4. (d) that in any localities specified in the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed; or
5. (e) that in any streets, portions of streets or localities specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulation framed by

6[the Standing Committee] in this behalf and subject to the terms of such permission

only. (2)

7[The Standing Committee] shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and its opinion thereon to the Corporation.

1. (3) No objection received after the said period of three months shall be considered.
2. (4) Within a period of two months after receipt of the same the Corporation shall submit all the documents referred to in sub-section (2) with a statement of its opinion thereon to the State Government.
3. (5) The State Government may pass such orders with respect to such declaration, as it may think fit: Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (1).
4. (6) The declaration as confirmed or modified by the State Government shall be published in the Official Gazette and shall take effect from the date of such publication.
5. (7) No person shall erect or re-erect any building in contravention of any such declaration. These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(2). Sub-section (2) was substituted and sub-sections (3) and (4) were added by Mah. 10 of 1998, s. 147(b) and (c). These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(3). These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(4). This heading and section 354AA where inserted by Bom. 48 of 1950, s. 70. These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 121(a). These words were substituted for the words “The Mayor-in-Council” by Mah. 27 of 1999, s. 121(b).

276 The Mumbai Municipal Corporation Act [1888 : III

1. (8) Notwithstanding anything contained in this Act, after a public notice has been given under sub- section (1), in regard to any street or a part of a street or a locality, no person shall erect or re-erect a building abutting on such street or such part of the street or within the limits of such locality without the previous permission of the Commissioner.]