Mumbai: The Commanding Officer of INS Shikra, a highly sensitive naval air station and VVIP heliport in South Mumbai, has moved the Bombay High Court alleging 'illegal' and 'unauthorised' construction of a high-rise building, Jadhavji Mansion, located within 246 metres of the defence facility.
Taking note of serious national security concerns, the High Court on Monday directed that no workers or other persons be permitted to enter the building premises from midnight of February 16 until February 18, when it will pass further orders, as reported by The Indian Express. The court observed that the petition had been filed by the local military authority itself and noted that the Prime Minister of India is scheduled to land at INS Shikra, heightening security sensitivities.
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A division bench of Justices Ravindra V. Ghuge and Abhay J. Mantri passed the interim order after the developer’s senior counsel made a statement assuring that all construction-related activity would be halted. The court recorded that 'not a single worker deployed on any activity of whatsoever nature' would be allowed to enter the building during this period.
According to the report, the plea, filed by the Commanding Officer of INS Shikra through senior advocate R.V. Govilkar, contended that the planning authority had granted and continued permissions to the high-rise without obtaining the mandatory No Objection Certificate (NOC) from the Navy. According to the petitioner, multiple amendments made to the building plans after 2011 unlawfully increased the height and number of floors, creating a direct line of sight into operational and heliport areas of the naval base.
The petition also accused the Brihanmumbai Municipal Corporation (BMC) of failing to exercise its statutory powers under Section 354-A of the Mumbai Municipal Corporation Act, which empowers authorities to stop unlawful construction. Despite repeated written objections raising grave national security and public safety concerns, the civic body allegedly took no effective action, amounting to what the petitioner described as statutory dereliction.
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Arguing before the court, Govilkar said the non-application of mind to factors such as proximity, line of sight and the operational sensitivity of INS Shikra vitiated all permissions granted to the project. The plea stated that the construction posed a continuing threat to naval operations and VVIP safety, including movements involving Narendra Modi.
Calling the structure a direct threat to national security and the constitutional right to safety under Article 21, the petitioner sought demolition of the entire building as the only effective and proportionate remedy, stating that no third-party rights could arise from an illegal construction. The High Court will take up the matter again on February 18.
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