Explained: Bombay HC ruling on height norms near defence installations and airports — security vs developer’s rights

HC’s interim order

The High Court (HC) cited “failure of Naval Intelligence” and “grave lapses” that let Jadhavji Mansion reach ground plus 19 floors (over 69 metres) by 2024 unnoticed by naval surveillance. The scheduled final hearing from March 30 and permitted work beyond 53 metres at developer’s “risk and consequences” till then.
The bench clarified that if it later concludes that Navy NOC was mandatory, it shall order demolition of relevant floors constructed without required clearance.
The court added that if it later finds BMC “complicit”, showing “laxity”, or having “committed blunder” by permitting construction without Navy NOC, the HC will “not hesitate to direct prosecution” of municipal officers responsible for oversight failures.

MoD guidelines

The guidelines issued in May, 2011 under Works of Defence Act, 1903, specified that in places where local municipal laws require consultation with station commander before building plan approval, the station commander may convey their views after getting nod from higher authority and then convey objections of NOC to the state government or municipal authorities and not to builders or private parties.
Moreover, in the absence of requirement by local municipal laws, if station commander sees security risk/hazard in construction within 100 metres radius (for multi-storey building of more than four storeys, the distance shall be 500 metres) of defence establishment, he/she can refer it to its higher authority and may convey objections to state or municipal authorities.

In case of no cognisance by local authorities, the matter maybe taken up through the ministry. The guidelines also provide that NOC once issued will not be withdrawn without approval of the service headquarters.
Thereafter, amendments followed and 2016 MoD notification relaxed norms for 193 Army sites nationwide, reducing mandatory NOC zones to 10-metre and 2022 circular further eased restrictions to 50 metres for select Army, Navy, and Coast Guard establishments listed in official annexures, so as to balance essential urban facilitation with perimeter security imperatives.

INS Trata in Worli

In January 2024, a separate Bombay High Court bench cleared the redevelopment of two prime Worli sea-facing buildings adjacent to INS Trata naval establishment. It noted petitioners gained approvals when MoD’s December, 2022, circular, reducing development restrictions from 500 to 50 metres around installations like INS Trata remained operational and binding, before it was kept in abeyance in 2023.
The HC observed the Ministry records and confirmed 24-storey towers and multiple other structures within 500 metres radius from INS Trata had secured construction permissions or qualified for NOC exemption under prevailing norms at the time of approval.

IAF station in Pune

In June, 2015, the Bombay High Court issued demolition orders against multiple illegal multi-storeyed constructions in the vicinity of Pune’s strategically important Lohegaon Aerodrome and Air Force station.
In April 2024, the HC directed comprehensive surveys specifically to identify constructions posing threats to Pune’s critical defence installation operations

Near Mumbai airport

In March, 2025, the Bombay HC directed Mumbai suburban district collector alongside Director General of Civil Aviation (DGCA) to initiate immediate action against illegal or unauthorised building portions situated in the vicinity of the Mumbai international airport. The HC remarked that authorities cannot sit tight over height norms violations and endanger the lives of passengers.

In 2022, the HC had directed the district collector to remove 48 identified unauthorised building portions near Mumbai airport, flouting prescribed height norms while obstructing critical runway approach surfaces and being in clear violation of Aircraft (Demolition of Obstructions Caused by Buildings and Trees, etc) Rules, 1994.
The residents have raised difficulties related to residential redevelopments due to height restrictions in areas near airport.

Last year, the Maharashtra government announced its “Housing for All” initiative to facilitate redevelopment of Mumbai buildings located within “Funnel Zone”, Juhu Military Transmission Station, Kandivali-Malad COD complex, lands bordering defence establishments, and other regulated areas constrained by security and aviation restrictions.