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BRIHANMUMBAI MAHANAGARPALIKA
NO.AC/RE/804 Dt. 04/06/2013

NORMS TO FILE COMPLAINT WITH BMC AGAINST UNAUTHORIZED CONSTRUCTIONS

Guidelines for lodging complaints pertaining to unauthorized constructions to Zonal Level Grievances Redressal Committee (G.R.C.) in MCGM

1) Introduction:

1.1 In Writ Petition No. 2950 of 2012 Hon'ble High Court gave directives to M.C.G.M. that there should be a proper mechanism for redressal of grievances pertaining to unauthorized constructions at different level. Hon'ble M.C. decided to set up Grievance Redressal Committee (G.R.C.) in each Zone under the Chairmanship of Concerned Zonal D.M.C.

All Zonal D.M.C.s/Asst. Commissioners are hereby directed to give wide publicity to this Circular so that Citizens will be aware of the mechanism available for redressal of grievances pertaining to unauthorized construction at Zonal level.

1.2 It is essential to lay down guidelines prescribing procedure to be followed to carry out smooth functioning of the Grievance Redressal Committee (G.R.C) and in view thereof following guidelines are being issued.

2) Aim:

2.1 The forum of Zonal G.R.C. is for redressal of grievances received from the complainant in respect of action/non-action on unauthorized constructions by the Designated Officer/A.E. (Building & Factory) within time frame.

2.2 "Zonal G.R.C." will be reviewing and monitoring authority. It will analyse the factual reasons of the case in the light of Natural Justice and pass the speaking order or directions to do the needful in case of failure of taking necessary action by Designated Officer/A.E. (Building & Factory).

2.3 The "Zonal G.R.C." shall not pass any order which will stop/stay the notice action initiated by Designated Officers and the ongoing notice action will continue and brought to its logical conclusion.

3) Formation of the Zonal level Grievances Redressal Committee:

3.1 Committee Members

1 Zonal D.M.C - Chairman
2 Dy. Ch. Eng. (Building Proposal) of the Zone - Member
3 Dy. Law Officer of the Zone - Member
4 Asst. Commissioner (R.E.) - Member
5 Asst. Commissioner concerned - Member
6 A.O. to D.M.C. (Zone) - Secretary

3.2 The Concerned Ward Asst. Commissioner/Asst Law Officer/E.E. (Building Proposal) and D.C.P. Of concerned Zone will be called as a Special Invitees, as and when the grievances of their areas are being heard.

4) Mode of filing Applications:

4.1 Complainant initially is required to file his complaint in "Form A" to the concerned Designated Officer/A.E (Building & Factory) of the Ward and obtain proper acknowledgement. Concerned Designated Officer is required to take cognizance of the complaint in consideration of Sr. No. 13 of Form-A i.e. authenticity of complaint based on documentary proof. If no documents are submitted by the complainant then complaint should not be entertained and intimated accordingly. However such a complaint should be verified by the Designated Officer and his staff comes to the conclusion for necessary action should be taken or not.

In any case D.O. is required to start necessary action as early as possible from the receipt of complaint and should communicate the same to the complainant within 30 days from receipt of the complaint.

Criteria to approach "Zonal G.R.C." by Complainant:

4.2 If no reply is received or the complaint is not attended within 30 working days or if the complainant feels that the reply given/action taken by Designated Officer is not proper, then the Complainant may lodge a complaint with the Zonal Grievances Committee within two weeks after the period of 30 working days in case of reply not received/action not taken/of the receipt of the reply by him as the case may be then the complainant should submit the complaint in 'Form 6' to concerned "Zonal G.R.C."

4.3 Submission of Document by complainant:-

Aggrieved complainant may file his/her complaint in "Form B" to secretary of zonal G.R.C. along with copies of following documents:

a) Xerox copies of "Form A", acknowledgment by the office of Designated Officer
b) Xerox copies of the replies received if any from the Designated Officer.
c) Undertaking stating that the matter is not sub-judiced.
d) Copy of photo Identity Proof of the Complainant, like Aadhar Card/Pan Card etc.

4.4 Acceptance of Documents by Secretary of G.R.C:-

All the above documents, are required to be submitted by the complainant to the Secretary of G.R.C. i.e. A.O. to Concerned Zonal D.M.C.

5) Duty of Secretary of "Zonal G.R.C":

After acceptance of the complaint, the Secretary should check all above documents submitted as above and then enter the grievance in the register along with all particulars and give acknowledgement to the complainant. After verification of documents, information from concerned Designated Officer should be collected and report should be submitted to Chairman i.e. Zonal D.M.C. with regard to grant hearing or not to grant hearing. After approval of Chairman, the same should be communicated to complainant within 15 days after receipt of the complaint by the Secretary. If the hearing is denied then, the Chairman shall specify the reasons/justification for the denial.

6) Hearing Procedure:

6.1 For hearing, complainant must remain present personally on due date and time. No representative will be allowed to represent the case.

6.2 Request from the Complainant to postpone the hearing will not be entertained. However, the Chairman may in special circumstances grant postponement.

6.3 If complainant is not remained present during the hearing, the Committee will be at liberty to take ex-parte hearing and take decision on the same. The decision taken should be communicated to the complainant and complaint should be disposed off.

6.4 At the time of hearing, full opportunity shall be given to the complainant by following the principles of natural justice. No new documents, proofs will be entertained at the time of hearing as it was required to be submitted initially by the complainant to Designated Officer. If, the Committee comes to the conclusion that the new documents produced by the complainant are authentic, then the committee may direct the complainant to produce the same before the Designated Officer and the complaint before the committee shall be disposed off.

G.R.C. shall pass speaking orders within 10 working days from the date of hearing after considering the provisions of M.M.C./M.R.T.P Act's and as per Rules, Regulations and Policies of the M.C.G.M.

6.5 To follow the principles of natural justice, owner/occupier against whom complaint/notice is made/issued, may be called to attend the hearing as per the requirement of the case. In such case, failure of owner/occupier to attend hearing of GRC, chairman will pass ex-parte order.

6.6 Proceedings of the hearing should be properly noted by the Secretary at the time of hearing along with attendance sheet.

7) Meetings:

7.1 The Zonal G.R.C. shall hold hearings from time to time. At least one meeting should be conducted in every month.

7.2 At least 7 days prior to the proposed meeting, the Member Secretary should circulate a report on all complaint in tabulated format to all the Members of G.R.C. inform well in advance of the date on which the matter is listed for hearing.

8) General:

8.1 Period of notice as mentioned in various sections of MMC and MRTP Acts, as per procedural circulars will be final and it cannot be altered/extended by G.R.C.

8.2 Forum of Zonal G.R.C. is for redressal of grievances received from complainants. Pending hearing at G.R.C. shall not be construed as the stay granted to the notice action initiated by concerned Designated Officer/A.E. (Building & Factory).

8.3 In case of any clarification is needed on the guidelines/procedures/policy etc., it may be obtained from D.M.C (R.E.).

8.4 Copy of each order passed by the G.R.C.s should be forwarded to A.C.R.E. office for compilation of the report and further report to higher authorities.

All Zonal G.R.C.s should start functioning effective from…….

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AC (RE)

Law Officer,

DMC (RE),

A.M.C.

(City) M.C.

FORM "A"

(For every single unauthorized structure separate form should be submitted)
To,
Designated Officer, A.E. (Building &Factory) ____Ward
Subject: - Complainant of unauthorized construction.

1 Name of the Complainant:
2 Adhar Card No of the complainant/Details of photo ID proof
3 Address of the Complainant
4 Office/Business address of the complainant if any:
5 Contact No: Residential Landline No., Office/Business landline No., Persona! Mobile No., Office/Business Mobile No:
(Please mark preferred contact No:)
6 E-Mail ID: personal/Office/Business
(Please mark preferred E-Mail ID.)
7 Address of the complaint structure: _
8 Electoral Ward in which complaint structure is located
9 Name of the owner/Occupier of the complaint structure
10 Relation of the owner/Occupier of the complaint structure with complainant, if any
11 If the Complainant is directly affected, the reasons there of
12 Complete details of the unauthorized work such as nature of work, No. of unauthorized floors /rooms with approx. area etc
13 Reasons/ground/evidence on the basis of which the said construction is illegal/unauthorized. (Documents/proofs must be submitted)

I hereby declare that the details given above are true and correct.

I hereby declare/undertake that this Complaint/Petition/Subject matter is not sub-judiced in any court.

Date…………….

(Signature of Complainant)

FORM “B”

Subject:-Complaint against unauthorized construction.

1 Name of the Complainant:
2 Adhar Card No of the complainant/Details of photo ID proof:
3 Address of the Complainant:
4 Office/Business address of the complainant if any:
5 Contact No: Residential Landline No._ Personal Mobile No._ (Please mark preferred contact No.)
6 E-Mail ID: personal_
(Please mark preferred E-Mail ID.)
7 Address of the complaint structure:
8 Name of the owner/Occupier of the complaint structure
9 Complete details of the unauthorized work such as nature of work, No. of unauthorized floors/rooms with approx. area etc:
10 Details of Designated Officer with whom complaint was filed initially:
11 Reply of Designated Officer, if any:
12 Reason for complaint against designated officer:

I hereby declare that the details given above are true and correct.

I hereby declare/undertake that this Complaint/Petition/Subject matter is not sub-judiced in any court.

Date…………….

(Signature of Complainant)

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