Getting NOC from defence authorities mandatory for builder: Bombay HC

Getting NOC from defence authorities mandatory for builder: Bombay HC

Observing that terrorism is on the rise, the Bombay High Court on Friday held that getting an NOC from defence authorities before developing an area in the vicinity is mandatory for developers.

Narsi BenwalUpdated: Monday, June 24, 2019, 10:22 AM IST
article-image
Bombay High Court |

Mumbai: Observing that terrorism is on the rise, the Bombay High Court on Friday held that getting an NOC from defence authorities before developing an area in the vicinity is mandatory for developers. The court has further ruled that civic authorities are obliged to insist on a developer procuring such a no-objection certificate. The significant ruling was pronounced by a bench of Justices Satyaranjan Dharmadhikari and Burgess Colabawalla while dismissing petitions filed by two developers. They had completed constructions near a Navy area in Kurla. After the construction, the developers applied for a Completion Certificate; however, the BMC refused to issue one and insisted on the duo getting an NOC from the Navy. They accordingly petitioned the bench.

Before the High Court, the defence ministry supported the BMC’s contention claiming that such an NOC is given after considering several aspects, especially threat perception.

Having heard all the contentions, the bench said, “The security of the armed forces and its establishments is of paramount importance. We cannot lose sight of the fact that times have indeed changed. Terrorism is on the rise and the State is no longer fighting a known enemy.” The fact that the nature of threat to the security of the nation has undergone a perceptible change in the last decade, the danger posed by terrorism cannot be over emphasized. Due to this heightened threat perception, precautionary measures have to be taken, the bench observed.

The judges then referred to the 26/11 attacks which had brought the city to a virtual standstill. The bench further trashed the contention of the developers, who highlighted the fact that there were several other buildings in the same neighbourhood. “One must not lose sight of the fact that it is quite possible that the threat perception at the time when these permissions may have been granted by the Planning Authority were quite different from now. It is therefore wholly incorrect to canvas such an argument,” the judges said.

In its judgment, the bench also noted the ‘duty’ of the BMC and other local authorities in ensuring safety of the public. The judges held that the BMC has the duty to consider ‘security’ aspects in public interest, while granting permission for developing any piece of land. “We are clearly of the opinion that it is not only the power but also the duty of the BMC to consider the security aspects in public interest before granting permission to develop any land. The security aspect is a fundamental necessity that the planning authority and the public bodies, which are entrusted with the task of deciding on the location of residential areas, must be alive to at all times,” the judges ruled.

RECENT STORIES

Navi Mumbai: Waiter Stabbed To Death In Vashi While Trying To Save Himself During Bag Theft By...

Navi Mumbai: Waiter Stabbed To Death In Vashi While Trying To Save Himself During Bag Theft By...

Mumbai News: Trust Files Petition In Bombay HC Challenging Cancellation Of Wilson College Gymkhana...

Mumbai News: Trust Files Petition In Bombay HC Challenging Cancellation Of Wilson College Gymkhana...

Mumbai: MSCPCR Objects To Maharashtra Govt's 'Selfie' Directive For Students; Writes Letter To CM...

Mumbai: MSCPCR Objects To Maharashtra Govt's 'Selfie' Directive For Students; Writes Letter To CM...

Mumbai: Scorching Heat Leads To 13 New Stroke Cases; Reveals Public Health Dept

Mumbai: Scorching Heat Leads To 13 New Stroke Cases; Reveals Public Health Dept

Mumbai: Central Railway's Mumbai-Hazrat Nizamuddin Rajdhani And Mumbai-Nagpur Duronto Express Trains...

Mumbai: Central Railway's Mumbai-Hazrat Nizamuddin Rajdhani And Mumbai-Nagpur Duronto Express Trains...