A division bench of Justices Ravindra Ghuge and Abhay Mantri observed that, prima facie, there appeared to be a serious lapse, noting that the Navy had failed to detect the construction of a skyscraper in close proximity to its sensitive installation
The matter has been posted for final hearing on March 30. Representational Pic
The Bombay High Court on Friday criticised the Navy for an alleged “intelligence failure”, questioning how a high-rise project went unnoticed near INS Shikra, its premier air station in south Mumbai.
A division bench of Justices Ravindra Ghuge and Abhay Mantri observed that, prima facie, there appeared to be a serious lapse, noting that the Navy had failed to detect the construction of a skyscraper in close proximity to its sensitive installation, reported PTI.
The court was hearing a petition filed by the Commanding Officer of INS Shikra seeking to halt the project, citing significant security risks to the sensitive military installation.
The bench also questioned the Navy’s selective opposition to this particular building when several other residential high-rises exist in the vicinity, some at a “stone’s throw distance” from INS Shikra, reported PTI.
Petitioner says other high-rises predate 2011 Defence Ministry notification
Advocate R V Govilkar, appearing for the petitioner, submitted that the other buildings were constructed before 2011, when the Ministry of Defence issued a notification making a No Objection Certificate (NOC) mandatory for the construction of tall structures near defence establishments.
However, the court noted that the present high-rise received its commencement certificate in March 2011 and construction began thereafter.
“You (Navy) are trying to hide a grave lapse on your part… a lapse in intelligence and security. There has been a failure of intelligence. The Navy has been sitting in its office and noticed this building only after almost 70 metres (19 storeys) had already been constructed by 2024,” the bench said, reported PTI.
The court observed that it could not continue its earlier interim order halting construction, which had been passed due to security concerns ahead of Prime Minister Narendra Modi’s recent visit to the city.
It clarified that while construction up to 53.07 metres (15 storeys) is permissible in the area, any development beyond that height would be at the developer’s own risk. If it is ultimately held that an NOC was mandatory, the court said it would direct demolition of the structure above 53 metres.
The bench also warned of action against Mumbai civic body officials if it is found that the commencement certificate was granted without the required NOC from the Navy.
Final hearing scheduled for March 30
The matter has been posted for final hearing on March 30.
After examining photographs submitted by the developer, the court noted that several other high-rises stand between the under-construction building and the naval base. “In fact, from the under-construction building, the naval base is out of sight. This is our prima facie view,” the bench observed, adding that other nearby buildings also posed a potential threat perception, yet no action had been taken against them.
Senior counsel Janak Dwarkadas, appearing for the developer, argued that since the project received its commencement certificate in March 2011 — months before the Ministry of Defence notification — it did not require a mandatory NOC.
(With PTI inputs)
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