Bombay HC: Navy should have been alert over high-rise near Colaba naval station

On February 16, the HC had cited the Prime Minister Narendra Modi would be landing at the INS Shikra air station on February 17 and referring to “Security protocol,” prohibited workers from entering the building till hearing on February 18.

Senior advocate R V Govilkar and advocate Mihir Govilkar, for the CO of INS Shikra, argued that the Brihanmumbai Municipal Corporation (BMC), a planning authority, had granted and continued permissions to the said building without obtaining the mandatory No Objection Certificate (NOC) from the Navy.

The plea also claimed that despite several repeated written objections citing “grave national security and public safety concerns,” the BMC did not take any action.

On Wednesday, after Court’s query, Govilkar informed the court that the structure in question was being put up behind a Railway building and it cannot go beyond 53.07 metres (nearly 15 floors). Govilkar said the further construction will create a direct line of sight into operational and heliport areas and same was required to be protected.

The court said  it will have to finally hear the plea and adjudicate the same.

In the meantime, the judges deliberated, that they may pass an “workable” order of construction at developer’s risk without creating any third party rights for certain floors. The HC indicated it can also ask developer to intimate buyers about pending court proceedings, which can lead to demolitions in case the court finds merits in petitioner’s contentions.

“…That’s the farthest one can go. What happened in Noida, Ghaziabad and Kerala? (referring to past Supreme Court orders)…If we conclude that the BMC has been hands-in-gloves with the developer, we will direct prosecution of the concerned officers,” Justice Ghuge orally said.

The HC also said that Navy Authority should have been “alert” and “more diligent” and its officers should have scouted the area to find out what was happening in a security sensitive zone.

“We are going to extend paramount importance to the security aspect. There is no doubt about it.”

Senior advocate Janak Dwrakadas for the developer, on the hand, argued that as per guidelines the developer did not have to avail NOC, but it was duty of the Naval authority to object to the planning authority in case of a building coming up within 100 to 500 metres of the defence establishment would cause any threat.

After petitioner insisted the construction beyond 15 floors cannot be permitted, the Court said that it will pass a detailed interim order on Friday, February 20.