Bombay HC Slams Navy Over ‘Intelligence Failure’ In High-Rise Near INS Shikra

Mumbai, Feb 20: The Bombay High Court on Friday came down heavily on the Indian Navy, observing that there appeared to be a “failure of intelligence” in allowing a high-rise to come up near INS Shikra, the naval establishment in Colaba.

Court questions delay in raising objections

A bench of Justices Ravindra Ghuge and Abhay Mantri said it was “prima facie” of the view that the Navy had failed to notice the construction for years.

“There has been a grave lapse on your (Navy) part. There has been a failure of intelligence,” the bench remarked. “The Navy noticed this building only after almost 70 metres (19 storeys) had already been constructed till the year 2024.”

The court was hearing a petition filed by the Commanding Officer of INS Shikra seeking to halt the project, citing security risks to the sensitive defence installation. On February 16, the court temporarily halted site activity, citing urgent security concerns ahead of the Prime Minister’s visit.

Expressing surprise, the bench said, “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.”

Other high-rises in vicinity noted

The judges also questioned the Navy’s selective opposition to the present building when several other high-rises stood in the vicinity — some at a “stone’s throw distance” from INS Shikra.

After perusing photographs submitted by the developer, the HC noted that multiple tall structures stand between the under-construction building and the naval base.

“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 observed.

Justice Ghuge added that some of these buildings are “literally a stone’s throw” away.

Interim stay vacated with caution

The bench vacated its February 16 interim order temporarily halting construction, noting that the stay had been granted in view of security concerns ahead of Prime Minister Narendra Modi’s recent visit to Mumbai. “Since the reason for which the stay was granted is no longer valid, we are vacating the stay,” the court said.

However, it clarified that while construction up to 53.07 metres (15 storeys) is permissible in the area, any development beyond that height would be at the developer’s own risk.

“If we ultimately conclude that an NOC was mandatory, we would direct demolition of the building above the permissible 53 metres,” the bench warned.

It has also directed the developer to inform potential flat purchasers, if they decide to create third-party rights, about the pending litigation.

Warning to BMC over NOC issue

The court also cautioned the Brihanmumbai Municipal Corporation (BMC), warning of possible prosecution if it is found that officials granted a commencement certificate without obtaining a No Objection Certificate (NOC) from the Navy.

“If we conclude that the BMC has either been complacent or there is laxity on its part, and if circumstances indicate that they have committed a blunder by granting CC without NOC of the petitioner… we would not hesitate to direct prosecution of officers of BMC,” the bench said.

The HC directed the corporation to file an affidavit addressing allegations that it failed to obtain the Navy’s NOC and delayed supplying documents sought since May 29, 2025.

Developer cites prior approval

Senior counsel Janak Dwarkadas, appearing for the developer, argued that the building received its commencement certificate in March 2011 — months before the Ministry of Defence notification mandating an NOC for tall structures near defence establishments — and therefore did not require such clearance.

He highlighted that there is a cluster of slums right outside, touching the wall of the naval establishment. “Anyone could hurl a grenade. They (Navy) said it’s a 10-ft wall,” he added.

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The HC has directed the developer to file a reply affidavit by March 9 and permitted the petitioner to file a rejoinder, if any, by March 23. The matter will be heard finally on March 30.

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