Section 348(1) in The Mumbai Municipal Corporation Act, 1888
(1)With respect to buildings which are to be newly erected [* * *] [Words were repealed by Act 5 of 1905.] 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 [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] 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 Standing Committee] [These words were substituted for the words 'the Member-in-Charge' by Maharashtra 27 of 1999, Section 117, (w.e.f. 23-4-1999).] 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 the 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 determined, 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 centre of the nearest street and not below such standard level as may be fixed by the Commissioner in this behalf.(e)[ In addition to any means of ventilation required by any by-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 abuting thereon and shall not be in any direction less than six feet across. And every open space, whether exterior or 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.] [The original clause (e) was deleted by Bombay 5 of 1905, Section 51(b) and the subsequent clauses were renumbered accordingly.](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 [ten] [The word 'ten' was substituted for the word 'eight' by Bombay 5 of 1905, Section 51(c).] feet in height from the floor to the ceiling.(g)Every such room in the roof of any such building shall have an average height of at least [eight] [The word 'eight' was substituted for the word 'seven' by Bombay 5 of 1905, Section 51(d)(i).] feet from the floor to the ceiling [and a minimum height of not less than four feet.] [These words were inserted by Bombay 5 of 1905, Section 51(d)(ii).](h)Every such room shall have a clear superficial area of not less than [one hundred] [The words 'one hundred' were substituted for the word 'eighty' by Bombay 5 of 1905, Section 51(e).] square feet.(j)In addition to any means of ventilation required by any by-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 'aces an open space.(k)Huts or sheds, or ranges or blocks of huts or sheds, whether the same are to be used as dwellings or stables or for any other purpose shall be built, if the Commissioner thinks fit so to require,-(i)so that they may stand in regular lines, with a free passage or way in front of and between every two fines of such width as the Commissioner thinks proper for ventilation and for facilitating scavenging, and(ii)with such and so many privies, latrines or urinals and such means of drainage as the Commissioner deems necessary; and(iii)at such a level as will suffice for the means of drainage required by the Commissioner.
