Observing the “failure of Naval Intelligence” and “grave lapses” in noticing the construction of Jadhavji Mansion, which reached ground plus 19 floors (over 69 metres) in 2024, the Bombay High Court Friday directed that, till further orders, development beyond 53 metres will continue at the developer’s own “risk and consequences”.
The HC added that if it concludes after the final hearing that a ‘No Objection Certificate’ (NOC) from the Navy was mandatory, it will direct the demolition of the floors concerned.
The court also said that if it finally concludes that BMC has been “complicit” or “there is laxity on its part”, or “committed blunder by granting permissions to developer without taking Navy’s NOC”, it would “not hesitate to direct prosecution” of the municipal officers.
A division bench of Justices Ravindra V Ghuge and Abhay J Mantri passed an interlocutory/interim order on a plea by the Commanding Officer (CO) of INS Shikra alleging “illegal” and “unauthorised” construction of the high-rise building situated within 246 metres of the highly sensitive Naval Air Station and VVIP heliport of Colaba in south Mumbai.
The Navy authority raised apprehensions that the developer was “watching over” its station and further construction would create a direct line of sight into operational and heliport areas, which needed to be protected.
The HC said that if the developer desired to create third-party rights for floors above 53 metres, it should clearly indicate to purchasers about the pendency of the plea and interim order, along with the risk of facing an adverse order.
Senior advocate Janak Dwarkadas, for the developer Opul Constructions Pvt Ltd and the BMC, told the court that no such NOC was required from the Navy when the plan for ground plus 19 floors was already approved on March 9, 2011.
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On February 16, the HC had noted that 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.
‘Security threat’
On February 18, the HC had said the Navy should have been “alert” about the construction of the building in question and expressed concern about the “security threat” raised by the authority, while indicating an interim order would be passed on February 20.
Senior advocates R V Govilkar and Mihir Govilkar, for the CO of INS Shikra, argued that the Brihanmumbai Municipal Corporation (BMC), the planning authority, had granted and continued permissions for the building without obtaining the mandatory 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.
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Govilkar submitted before the HC that the building in question was being put up behind a government building and could not go beyond 53.07 metres (nearly 15 floors). The court noted that the Badhwar Park buildings (belonging to the government and Navy) of ground plus 18 floors (nearly 63 metres height) were between the Navy station and the under-construction Jadhavji Mansion.
“Prima facie, this clearly indicates failure of intelligence on the part of the Navy. When these tower buildings are constructed to the height of 63 metres, we are surprised how the petitioner’s intelligence failed to notice the construction of respondent developer’s building which gradually put floor upon floor and reached ground plus 19 in 2024,” the bench noted in its order.
Posting final hearing to March 30, it added, “From the record, we find that the respondent developer’s building (Jadhavji Mansion) is at its height as it stands today of 69.94 metres since 2024. The petitioner cannot deny several VVIP movements between 2024 and February 2026. Yet, if the said building has gone unnoticed, we find this could only be attributed to the failure of the naval intelligence at the Colaba station.”
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
