The Bombay High Court has permitted construction to continue at a high-rise project in Colaba, even as it raised sharp questions over how height restrictions near a sensitive naval installation were allegedly exceeded without timely objection from authorities. The order has significant implications for urban governance and defence land regulation in Mumbai.
The dispute centres on a residential tower located roughly 250 metres from INS Shikra, a naval air station and VVIP heliport. Defence guidelines issued in 2011 require prior clearance for construction within 500 metres of military establishments. Naval authorities moved court earlier this month, alleging that the building’s height had gone beyond the originally permitted 53.07 metres without the mandatory No Objection Certificate. A division bench observed that while interim concerns had earlier led to a temporary halt in work, authorities had not convincingly explained the delay in raising objections, particularly if national security risks were involved. The court allowed ongoing work to proceed but cautioned that any structure exceeding the originally sanctioned height would be subject to demolition if found in violation of statutory norms. In its remarks, the bench also signalled potential consequences for municipal officials if procedural lapses are established. The Brihanmumbai Municipal Corporation, as the planning authority, could face scrutiny should it emerge that occupancy or construction permissions were granted without defence clearance.
Legal experts say the case highlights long-standing ambiguities in coordination between urban planning bodies and defence establishments in dense cities like Mumbai. Several neighbourhoods in Colaba and South Mumbai sit adjacent to naval land, creating regulatory overlaps that can surface years after construction begins. Urban planners argue that such disputes underscore the need for digitised, publicly accessible zoning overlays clearly marking defence buffer zones. In high-density coastal cities where redevelopment is constant, clarity around permissible heights and sightlines is essential not only for security but also for investor confidence and housing market stability. The court further directed that any sale of apartments above the permitted floors must carry full disclosure of the ongoing litigation and associated risk. This instruction reflects growing judicial emphasis on protecting homebuyers from uncertainties tied to regulatory compliance. The matter is scheduled for final hearing later this month, with affidavits to be filed by both the developer and naval authorities.
Beyond the immediate project, the ruling sends a broader message: urban expansion in proximity to strategic installations demands rigorous inter-agency coordination. As Mumbai continues to redevelop vertically, reconciling infrastructure growth, housing demand and national security safeguards will remain a delicate but necessary balancing act.
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