Fate of a Ghatkopar society’s redevelopment hangs in balance

Mumbai: The fate of the redevelopment of a cooperative housing society in Ghatkopar West is in uncertain state. The Bombay high court (HC) on Friday rejected its petition questioning the Indian Navy’s refusal to grant NOC for the construction of a 10-storied building, as it falls within 500 metres of the Navy’s Material Organisation in Ghatkopar.

The division bench of justice RD Dhanuka and justice Kamal Khata dismissed the petition filed by Vikram Delite Co-operative Housing Society and its developer, Shree Ramkrishna Enterprises, questioning the requirement of NOC from Indian Navy, sought by the Brihanmumbai Municipal Corporation (BMC). They also sought direction from the civic body to grant them permission to construct further and complete the proposed building without insisting on the NOC from the Navy.

They had moved the high court in 2018, contending that the 66 families residing in the old building had vacated their respective flats way back in 2014 and the developer had already incurred expenditure of ₹44.14 crore, including 12.58 crores on payment of transit rent to the affected families.

They said the property was situated around 375 metres away from the Naval Depot and surrounded on all four sides by high-rise buildings – higher than the building being built in place of the building of the housing society.

They also contended that since their proposed building was “behind” or “in the shadow” of already constructed high-rise buildings, there was no need for the NOC from the navy.

The navy, on the other hand, maintained that upon detailed analysis and the site visit, they found that the construction would be partially under the shadow of an existing building, but from the remaining part have a direct line of sight to the core depot at Material Organisation.

The high court agreed with the submissions canvassed on behalf of the navy and held that the fact of whether or not the proposed construction is within the shadow and/or shield of an existing building would be within the domain of the navy and the court could not record any factual finding on this aspect.

“The navy being an expert in the field of safety and security and to find out and assess the national security threat has come to the conclusion that the proposed construction is not within the shadow/shield of an existing building,” said the court. “The finding of the conclusion drawn by the naval establishment cannot be interfered with by this court,” it added and dismissed the petition filed by the housing society and its developer.

The court also accepted submissions made by the navy that merely because one 10-storied building had been granted NOC, another building of similar height would not automatically be entitled to a NOC. The bench said while considering the grant or refusal of a NOC, naval authorities have to take into consideration various critical factors which may differ for different constructions.

Construction can’t be permitted at the cost of national security: HC

The same bench on Friday also dismissed the petition, seeking direction to the BMC to issue final commencement certificate for redevelopment of a cessed building, Laxmi Niwas, in the vicinity of the Mazagon Dock Shipbuilders Limited. The developer had proposed to construct a 19 storied structure – first 12 floors to rehabilitate the tenants of the old building and remaining 7 floors as a free sale component. “In our view, construction activities cannot be permitted at the cost of national security,” said the bench while rejecting the petition filed by the occupants of the building. The court said the construction was “likely to be misused for spying over the property and activities of Mazagon Dock Shipbuilders,” which is executing extremely sensitive projects of constructing warships and submarines.