New Delhi: The Bombay High Court on Friday questioned the Navy’s delay in objecting to a high-rise building constructed near INS Shikra in Colaba, observing that the issue points to a possible “failure of naval intelligence.”
The Navy has challenged the construction of a building that exceeds 20 storeys, arguing that its height and proximity pose a potential threat to the naval installation. However, the court said, “When these tower buildings are being constructed to the height of 63 meters, we are surprised how the petitioner’s intelligence failed to notice the construction of the developer of the building, which gradually put floor upon floor and reached Ground plus 19 in 2024.”
A bench of Justices Ravindra Ghuge and Abhay Mantri remarked that if the building has indeed gone unnoticed until now, it reflected a serious lapse. The judges pointed out that the tower had gradually risen floor by floor and had reached Ground plus 19 levels last year.
Court questions delay
In its observation, the bench said it was surprising that such a tall structure could come up without being flagged earlier, especially given the sensitive location near a naval base. The court noted that the building had already reached nearly 70 metres in height.
The judges also referred to the fact that several VVIP movements had taken place in the area between 2024 and early 2026. If the construction remained unnoticed during that period, the bench said it could only be attributed to a failure on the part of the naval authorities stationed in Colaba.
The court further observed that the Navy appeared to have acted only recently, around the time Prime Minister Narendra Modi was scheduled to visit Mumbai.
Directions to developer and BMC
While hearing the petition filed by the Navy’s Local Military Authority, the bench directed the developer not to create any third-party rights until the final hearing. It specifically restrained the sale of flats or transfer of rights for floors above 53 metres and ordered that any prospective buyers be informed about the pending litigation and associated risks.
The court also sought replies from the developer and the Brihanmumbai Municipal Corporation (BMC). It made it clear that if it eventually finds that a No Objection Certificate (NOC) from the Navy was mandatory, it could order demolition of the relevant floors.
The bench went a step further warning that if there was evidence of laxity or complicity on the part of the municipal authorities in granting permissions or occupancy certificates without obtaining the required NOC, it would not hesitate to order the prosecution of concerned officials.
The Navy has stated that it had been writing to the BMC since last year, seeking clarity on how permission was granted for a building that overlooks INS Shikra. After allegedly receiving no response for months, it approached the High Court.
The matter will now proceed with responses from the developer and civic body as the court examines whether due procedure was followed in clearing the project.