The Bombay High Court on Friday came down heavily on the Indian Navy, observing a prima facie “failure of intelligence” after a high-rise building under construction near INS Shikra in south Mumbai went unnoticed for years.
A division bench of Justices Ravindra Ghuge and Abhay Mantri was hearing a petition filed by the Commanding Officer of INS Shikra seeking to halt the project on the ground that the structure posed security risks to the sensitive naval air station.
The bench expressed surprise that the Navy took action only after the building had already reached significant height.
“You are trying to hide a grave lapse on your part… 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 till the year 2024,” the court remarked.
It further asked how such a large construction could remain undetected for years in the vicinity of a premier defence installation.
The High Court also questioned why the Navy had objected only to this particular building when several other residential high-rises exist in close proximity to INS Shikra, some at a “stone throw distance.”
Photographs produced by the developer showed multiple high-rise structures between the naval base and the under-construction building. The court noted that, prima facie, the base was not even visible from the project site.
“If there is a threat perception, it hovers around those buildings as well, but the Navy has not done anything about them,” the bench observed.
The Navy relied on a 2011 Ministry of Defence notification that made a No Objection Certificate (NOC) mandatory for tall structures near defence establishments.
However, senior counsel Janak Dwarkadas, appearing for the developer, argued that the project received its commencement certificate in March 2011—prior to the notification—and therefore did not require an NOC.
The court noted that construction had been ongoing since then.
The bench refused to continue its earlier interim order halting construction, stating that the stay had been granted only due to security concerns during Prime Minister Narendra Modi’s recent visit to Mumbai.
It clarified that construction up to the permissible height of 53.07 metres (15 storeys) could proceed. Any construction beyond that level would be at the developer’s own risk.
The court said that if it ultimately concludes that an NOC was mandatory, it would order demolition of the portion constructed above the permissible height.
The High Court also warned that action could be taken against officials of the Mumbai civic body if it is found that the commencement certificate was granted without obtaining a required NOC from the Navy.
The matter has been posted for final hearing on March 30.
