Mumbai Housing Society Queries: ‘BMC Has Guidelines To Bring Down Air Pollution,’ Says Expert
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
I lost my job during the pandemic. To financially support myself I started giving tuitions at home. Some members have objected to this. What permissions can I obtain to continue giving tuitions without being opposed by the society?
Manushee Shinde, Andheri
Home tuition is an activity commonly found in many societies. The DCPR 2034 provides for 'home occupation', which inter alia means customary services provided to the general public other than that of eating or a drinking place, by a member of the family residing on the premises without employing hired labour, and for which there is no display to indicate from the exterior of the building that it is being utilised in whole or in part for any purpose other than a residential or dwelling use.
Such occupation should not affect the safety of the inhabitants of the building and the neighbourhood, and provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and / or employing licensable goods. If motive power is used, the total electricity load should not exceed 0.75 KW. The municipal commissioner may specify occupations as 'home occupation' subject to such terms and conditions as may be prescribed.
If you are complying with the aforesaid provisions, the activity may be allowed with the permission of the society as it may be a matter of security concern and cause nuisance to other members. The common facilities of the societies like lift may be used more frequently, which may annoy other members. You may give the details of your students and their parents along with their entry and exit timings for security reasons and strictly ensure that your students or their parents do not use or misuse any of the amenities of your society. The parents also should not be allowed to loiter in the society premises while their children are taking tuition.
Construction is ongoing in our adjacent society on account of redevelopment. We are facing health issues due to air pollution. Where can we complaint?
Prashanth Naidu, Kanjur Marg
Many societies in Mumbai are undertaking redevelopment, causing inconvenience and respiratory heath issues to residents in adjoining societies. In order to curb air pollution, the BMC issued guidelines on October 25, 2023, to be followed by developers at construction sites. These guidelines provide for the construction sites to be covered by tin or metal sheet of 35 feet to the periphery of the construction site having a height of more than 70 metres.
The construction and demolition sites should be covered with green cloth/jute or tarpaulin. Water should be sprayed while demolishing any structure and water fogging should be done while loading / unloading of the material at the site. Antismog guns and sensor-based air pollution monitors have to be installed at the site, which can be inspected by BMC officials. You may file a complaint to BMC at 1916 or with the Maharashtra Pollution Control Board at 022- 24020437.
Some members have given their flats on rent but have not informed the society. Is it not the responsibility of members to take permission of the society before giving their premises on rent?
Biswajeet Dash, Vashi
Though the permission of the society is not required, it is the responsibility of a member to inform it eight days before sub-letting his shop or flat. A copy of the leave and licence agreement along with a copy of the intimation report to the police is required to be submitted to the society. The general body of the dociety should frame and approve the guidelines for entry and exit, including for owners and licensees. It should provide the conditions of entry and exit of inmates, goods, vendors, etc, and should provide for a system of a valid gate pass and the issuing authority.
The questions, in brief, may be sent to fpjchs@gmail.com
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