Bombay High Court to Deliver Interim Ruling on Naval Security Dispute Over High-Rise Construction
The Bombay High Court announced on Wednesday that it will pass an interim order this Friday concerning a significant petition filed by the Indian Navy's Local Military Authority. The legal challenge targets the construction of an over 20-storey building near INS Shikra, a highly sensitive naval air station and VVIP heliport located in Colaba, Mumbai. The Navy has labeled the construction as "illegal and unauthorised," raising serious security concerns.
Court Emphasizes Paramount Importance of Security in Sensitive Matter
A division bench comprising Justices Ravindra Ghuge and Abhay Mantri has scheduled the petition for Friday, acknowledging the critical nature of the case. The bench explicitly stated, "We are going to extend paramount importance to the security aspect. There is no doubt about it," during oral remarks to the Navy's senior counsel, R V Govilkar. This declaration underscores the court's recognition of the potential threats posed by the building's proximity to a vital military installation.
Govilkar argued vigorously that the construction of Jadhavji Mansion should be halted immediately. He contended that the project violates established guidelines restricting building heights within 500 meters of sensitive defense installations and lacks a necessary Naval no-objection certificate (NOC). According to the Navy, these breaches compromise the line of sight and overall security protocols at INS Shikra.
Builder Counters with Questions Over Navy's Delayed Response and Guideline Interpretation
In a robust defense, senior counsel Janak Dwarkadas, representing the builder Opul Constructions Pvt Ltd, challenged the Navy's assertions. He questioned why the Navy had not acted sooner, given that permission for the construction was granted 15 years ago and building work commenced subsequently. The High Court itself echoed this concern, suggesting that the Navy should have been more vigilant from the outset.
Dwarkadas further submitted that the existing guidelines do not explicitly mandate a Naval NOC. He referenced the 2011 regulations, which only allow defense authorities to object on reasonable grounds if they perceive a security threat from constructions exceeding four storeys within the 500-meter radius. Additionally, he pointed out the presence of slums in the vicinity, questioning why these structures are not considered a threat, thereby challenging the consistency of the Navy's security concerns.
Timeline of Dispute Reveals Delays and Height Controversy
Govilkar provided a detailed timeline of the Navy's efforts to address the issue. He explained that the Navy began pursuing the matter with the Brihanmumbai Municipal Corporation (BMC) in mid-2025, when the building had already reached the 15th floor. Despite repeated requests, the civic body delayed responses, only sharing plans for the higher floors in January 2026 after consistent follow-up.
The dispute came to light during a site inspection for an adjoining proposed construction, Minoor Manor, when work on Jadhavji Mansion was noticed. In July 2025, the BMC was asked to halt construction but refused, citing prior approvals. Govilkar also mentioned that an IIT report estimated the building's height at approximately 76 meters, further exacerbating security worries.
Court Proposes Interim Measures and Adjusts Schedule
The bench suggested a potential holding order to manage the situation until a final hearing. This interim measure would allow construction up to 15 floors, aligning with the original 2010 permission for a height of 53 meters, subject to various conditions and the court's ultimate decision. Earlier, on Monday, the High Court had noted the builder's senior counsel SK Mishra's consent and directed a temporary halt to construction and masonry work until Wednesday, considering the impending visit of Prime Minister Narendra Modi to the heliport near the site.
With Thursday declared a state holiday, the court confirmed that the interim order will be issued on Friday. This ruling is eagerly awaited, as it will balance developmental interests with national security imperatives in one of Mumbai's most sensitive areas.
