Bombay High Court Intervenes in High-Rise Construction Near Sensitive Naval Base
The Local Military Authority has filed a significant petition with the Bombay High Court, challenging what it describes as the "illegal and unauthorised" construction of a high-rise building situated less than 250 meters from INS Shikra. This naval air station in Colaba serves as a highly sensitive facility and a VVIP heliport, making its security paramount.
Immediate Restriction Ordered Ahead of Prime Minister's Arrival
In a decisive move, the High Court has restrained all construction workers from entering the premises of the building until Wednesday. This order was issued specifically in anticipation of Prime Minister Narendra Modi's scheduled arrival at the heliport on Tuesday. The builder involved has agreed to comply with this restriction, acknowledging the court's directive.
The petition highlights that Jadhavji Mansion has been constructed up to 23 floors, allegedly violating established height guidelines for buildings within 500 meters of defence establishments. A division bench comprising Justices R V Ghuge and Abhay Mantri emphasized the urgency of the matter, stating, "Considering that the Prime Minister of India would be landing at INS Shikra air station and keeping in view the great anxiety expressed as regards the security protocol, it is directed that no construction worker would be permitted to enter the building for any construction or masonry activity from Monday midnight until the matter is heard for further orders on Wednesday."
Legal Arguments and Allegations of Regulatory Failure
The court also recorded that senior counsel SK Mishra, representing the builder, made a formal statement assuring that no workers would enter the building until the next hearing date. However, the Navy's legal team, led by senior counsel R V Govilkar and advocate Mihir Govilkar, argued with urgency that the Brihanmumbai Municipal Corporation (BMC) failed to respond to naval queries for months and appeared to grant construction permission without obtaining the mandatory no-objection certificate (NOC) from the Navy regarding height restrictions.
The petition contends that an NOC from the Indian Navy was mandatory even before May 18, 2011, for any construction in the vicinity of defence establishments under the old Development Control Regulations (DCR) of 1991. It further argues that any amendment to enhance building height and floors after May 2011 is void without proper defence clearance. The Navy alleges that the BMC ignored "binding defence security requirements" and acted without applying its mind, constituting a serious oversight.
Heightened Security Concerns and Statutory Dereliction
Mishra countered by stating that there were no direct allegations against the builder and promised to present all relevant facts in an affidavit. Govilkar, however, emphasized that a Naval NOC is not a new requirement and pointed out that the BMC allowed several amendments to the development post-2011 without proper authorization.
The Naval petition strongly contends, "The proximity, line of sight, and operational sensitivity of INS Shikra vitiates all permissions," adding that the civic body's failure to invoke Section 354-A of the BMC Act represents statutory dereliction in the face of prima facie illegality and danger. This section empowers civic officials to immediately stop and demolish unlawful construction, highlighting the gravity of the situation.
Historical Context and Ongoing Disputes
According to the petition, in March 2015, the defence ministry modified its guidelines to mandate an NOC for any post-2011 height amendments. In May 2025, INS Shikra formally wrote to the BMC objecting to the height of the upcoming building and sought a stop-work notice. However, in July 2025, BMC's deputy chief engineer denied the applicability of defence guidelines, claiming that prior permissions for the construction had already been granted.
This legal battle underscores the critical intersection of urban development and national security, particularly in a city like Mumbai where sensitive defence installations coexist with rapid construction. The High Court's intervention reflects the judiciary's role in upholding security protocols, especially during high-profile events involving national leadership.
