High-rise near INS Shikra: Bombay High Court raps Navy over lapse, intelligence failure

Mumbai: The Bombay High Court on Friday pulled up the Navy for its "failure in intelligence" while questioning how a high-rise came up unnoticed in the vicinity of INS Shikra, the maritime force's premier air station in south Mumbai.

A bench of Justices Ravindra Ghuge and Abhay Mantri said it was of the prima facie opinion that there has been an intelligence lapse on the part of the Navy as it failed to notice a skyscraper being constructed in the vicinity of its establishment.

The 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 installation.

The bench also questioned the Navy's selective opposition to only this particular building when there are several other residential high-rises in the vicinity, with some at a "stone throw distance" from INS Shikra.

The petitioner's advocate R V Govilkar said the other buildings were constructed before 2011, when the Ministry of Defence issued a notification, making a No Objection Certificate mandatory for the construction of tall structures near defence establishments.

The court, however, noted that the present high-rise received its commencement certificate in March 2011, and construction began since then.

"You (Navy) are trying to hide grave lapse on your part… 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 till the year 2024," HC said.

There has been a prima facie lapse of intelligence, the court said, adding, "We are surprised as to how the Navy has failed to see such a high-rise building being constructed all these years? How has the building gone unnoticed? This can only be attributed to the failure of intelligence on the part of the naval officials."

The bench said it cannot permit its earlier order, temporarily halting construction activity at the building site, to continue as it was passed due to security concerns ahead of Prime Minister Narendra Modi's recent visit to the city.

The court said since construction up to 53.07 metres (15 storeys) was permitted in the area, the developer of the building shall develop above the permissible height at their own risk.

It added that if the court finally concludes that an NOC (no objection certificate) was mandatory, then it would direct the demolition of the building above the permissible 53 metres.

The court also warned action against Mumbai civic body officials if it is found that the corporation has been complacent or has committed a blunder by granting the commencement certificate without an NOC from the Navy.

It posted the matter for final hearing on March 30.

After perusing photographs of the area near INS Shikra submitted by the developer, the HC noted that there are several other high-rises between the structure under construction and the establishment.

"In fact, from the under-construction building, the naval base is out of sight. This is our prima facie view. We are intrigued that there are other buildings very close to the establishment and a threat perception hovers around them too, but the Navy has not done anything about them," the court said.

Those buildings are literally a stone's throw from INS Shikra, Justice Ghuge said.

Senior counsel Janak Dwarkadas, who represented the developer, argued that since the building received its commencement certificate in March 2011, months before the notification issued by the Ministry of Defence, it did not require the mandatory NOC from the defence.