Intelligence lapse? Bombay HC pulls up Navy over skyscraper near INS Shikra

The Bombay High Court HC on Friday criticised the Navy for an alleged ldquointelligence failurerdquo questioning how a highrise project went unnoticed near INS Shikra its premier air station in south Mumbai news agency PTI reportedA division bench of Justices Ravindra Ghuge and Abhay Mantri observed that prima facie there appeared to be a serious lapse noting that the Navy had failed to detect the construction of a skyscraper in close proximity to its sensitive installationThe court was hearing a petition filed by the Commanding Officer of INS Shikra seeking to halt the project citing significant security risks to the sensitive military installationThe bench also questioned the Navyrsquos selective opposition to this particular building when several other residential highrises exist in the vicinity some at a ldquostonersquos throw distancerdquo from INS Shikra reported PTIPetitioner says other highrises predate 2011 Defence Ministry notificationAdvocate RV Govilkar appearing for the petitioner submitted that the other buildings were constructed before 2011 when the Ministry of Defence issued a notification making a No Objection Certificate NOC mandatory for the construction of tall structures near defence establishmentsHowever the court noted that the present highrise received its commencement certificate in March 2011 and construction began thereafterldquoYou Navy are trying to hide a grave lapse on your parthellip a lapse in intelligence and security There has been a failure of intelligence The Navy has been sitting in its office and noticed this building only after almost 70 metres 19 storeys had already been constructed by 2024rdquo the bench saidThe court observed that it could not continue its earlier interim order halting construction which had been passed due to security concerns ahead of Prime Minister Narendra Modirsquos recent visit to the cityIt clarified that while construction up to 5307 metres 15 storeys is permissible in the area any development beyond that height would be at the developerrsquos own risk If it is ultimately held that an NOC was mandatory the court said it would direct demolition of the structure above 53 metres PTI reportedThe bench also warned of action against Mumbai civic body officials if it is found that the commencement certificate was granted without the required NOC from the NavyFinal hearing scheduled for March 30The matter has been posted for final hearing on March 30After examining photographs submitted by the developer the court noted that several other highrises stand between the underconstruction building and the naval base ldquoIn fact from the underconstruction building the naval base is out of sight This is our prima facie viewrdquo the bench observed adding that other nearby buildings also posed a potential threat perception yet no action had been taken against themSenior counsel Janak Dwarkadas appearing for the developer argued that since the project received its commencement certificate in March 2011 mdash months before the Ministry of Defence notification mdash it did not require a mandatory NOCWith PTI inputs