The HC held that the respondent was “under obligation to grant OC” and “it could not issue the impugned stop-work notice” as the buildings were situated beyond the prescribed limits. (File photo)
Terming the insistence on a Navy NOC at the near completion stage “arbitrary” and “illegal”, the Bombay High Courton Tuesday quashed the October 2025 stop-work notice and the denial of Occupation Certificates for two redeveloped buildings near INS Trata in Worli.
The HC noted that the structures lay beyond the prescribed security radius and were legally sanctioned.
The authorities halted construction, claiming the developer had not submitted a No Objection Certificate (NOC) from the Navy, which they said was a pre-condition for structures within the prescribed distance of defence installations.
The bench observed demand for obtaining an NOC at final stage of construction was “arbitrary” and “realistic steps be taken at the right time” by authorities in respect of legal constructions.
The construction of the building which is rehabilitating 72 members of Prabhadevi Indraprastha Co-op. Housing Society is complete, and the other building, having sale component flats, is at the final stage of completion.
The HC held that the respondent was “under obligation to grant OC” and “it could not issue the impugned stop-work notice” as the buildings were situated beyond the prescribed limits.
Senior advocate Ravi Kadam for the petitioner-developer Techno Freshworld LLP argued that Maharashtra Housing and Area Development Authority (MHADA) had illegally issued the stop-work notice on a request made by the Naval authorities.
The petitioner-developer told the HC that society members had executed a redevelopment agreement in 2022 for an old and dilapidated “Building No. 41” housing industrial workers, situated on larger “Adarsh Nagar” land.
The Union Ministry of Defence (MoD) and its authorities, however, claimed the notice was rightly issued as the redevelopment was progressing without an NOC, which was mandatory for any
multi-storied construction in the vicinity of INS Trata.
In its 95-page judgment, a bench of Justices Girish S Kulkarni and Aarti A Sathe observed that issues related to insistence on an NOC from defence authorities require “an appropriate non-arbitrary, fair and reasonable approach by the concerned authorities strictly as per the requirement of law.”
The HC said if the MoD’s plea over security concerns and threat perception had any real basis, all steps under law were required to be taken at the “very beginning” of the construction activity, while in the present case construction had substantially progressed as per sanctioned plans and approvals by planning authorities.
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Slamming the “casual approach” of the Defence authorities, the bench said their lack of control over civil areas claim was “no answer to any realistic threat/security perception.”
The court added the right to property “cannot be infringed” and authorities should adopt “realistic and legally sustainable approach”.
The prescribed distance norms, as per the HC, vary from time to time with different internal circulars issued under the MoD, which are “being foisted on the Planning Authority operating under the State law.”
Allowing the plea, the court observed larger number of buildings already exist in the vicinity of INS Trata and while some are granted NOC, some remained “undisturbed” without NOC, therefore, NOC requirement cannot be “selectively insisted or foisted” by authorities.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
