Mumbai: BMC told to halt construction near defence establishments without mandatory NOCs

In an urgent directive dated November 4 2026 the Maharashtra Governmentrsquos Urban Development Department UDD has asked the BMC to immediately halt construction near defence establishments where municipal permissions were granted without mandatory No Objection Certificates NOCs from the Local Military Authority LMA The move reiterates that national security takes precedence over development approvalsWhile the need to protect strategic military installations is undisputed real estate experts architects and cooperative housing representatives warn that the directive could trigger a humanitarian and financial crisis Thousands of families in ageing buildings stalled redevelopment projects and displaced homebuyers could be caught in the crossfire of conflicting government policiesLegal ambiguity and policy tugofwarThe crackdown follows correspondence between the statersquos UDD and the Union Ministry of Defence MoD In letters dated August 10 and October 27 2026 the state sought clarity on conflicting policiesThe Maharashtra Advocate General had earlier opined that the MoDrsquos May 18 2011 circular had been superseded by a December 23 2022 circular which was subsequently kept in abeyance on February 23 2023 This created regulatory uncertainty with planning authorities operating under DCPR2034 concerned that insisting on Defence NOCs could invite litigation over the denial of development rightsHowever on November 4 2026 the MoD clarified that the May 18 2011 guidelines remain in force and are legally bindingWhat the November 4 directive says Immediate halt to construction Work must stop at sites where permissions were granted without an LMA NOC Strict compliance Planning authorities including the BMC must follow the May 18 2011 guidelines for pending and future applications National security first Protection of Armed Forces installations takes precedence over earlier municipal approvalsStakeholders seek joint mechanismIndustry representatives and housing bodies have urged the state government the MoD and municipal authorities to establish a joint interdepartmental mechanism to resolve pending applications introduce compensatory TDR policies and provide timebound singlewindow clearances They say this would allow development to proceed without compromising national security or residentsrsquo lives and livelihoodsBMC awaits directionsA senior BMC official aware of the issue said ldquoThe state UDD will discuss the matter with the MoD and we will await further directions Even the recent communication from the UDD dated November 4 and addressed to the BMC does not provide any standing directions It only refers to construction work being carried out under permissions granted earlierrdquo Attempts to contact Aseem Kumar Gupta Additional Chief Secretary UDD were unsuccessfulConflicting state and Centre policies hurt citizensAdv Shreeprasad M Parabexpert director Maharashtra State Cooperative Housing amp Apartment Federation LtdlsquoA housing society cannot be expected to demolish its building on the strength of municipal approvals only to be told by another authority that construction cannot proceed Thousands of families awaiting safer homes now face financial ruin National security is paramount but it must coexist with safe housing through a transparent singlewindow clearance mechanism that distinguishes hypersensitive zones from standard civil areas Sanctioned projects must be protected Administrative ambiguity shouldnrsquot become obstacle to citizensrsquo fundamental right to shelterrsquoHousing societies left stranded without TDRRamesh Prabhu founderchairman MahaSEWAlsquoMany redevelopment projects near defence establishments are held up because of the NOC requirement which applies within distances ranging from 100 to 500 metres There is no clarity between the state planning department and the defence ministry In the name of national security ageing housing societies cannot undertake redevelopment and the state has no TDR policy for affected plots mdash unlike slum redevelopment projects where political pressure comes into playrsquoOccupation without OCsYomesh Rao PEATA IndialsquoGuidelines prescribing restrictions within 500 metres 2011 10 metres 2016 and 50 metres 20222023 have effectively turned into construction bans because the LMA rarely issues NOCs Hundreds of buildings constructed in the 1970s and 1980s are stuck midway Displaced residents are forced to occupy unfinished structures because developers can no longer afford to pay rent Executive guidelines should not operate like a statute without amending the Works of Defence Act 1903 WoDA which provides for compensation The Bombay HC in Techno Freshworld v MHADA has held that the right to construct is protected under Article 300A Homebuyers invest on the basis of approved plans security concerns must be raised before permissions are granted Also the recent WODA Notification for Juhu reduced the distance from 500 yards 457m to 100m in the Juhu Defence Area whereas the LMA Restriction is in the form of guidelines without any Notification under WODArsquo