High-rise near INS Shikra: HC raps Navy over intelligence failure

The Bombay High Court on Friday pulled up the Navy for its “failure in intelligence” while questioning how a high-rise came up unnoticed in the vicinity of INS Shikra, the maritime force’s premier air station in south Mumbai. Previous hearing, on February 17, HC had ordered for an immediate halt to all construction activity at a high-rise building in Colaba located near the naval air station INS Shikra.

A bench of Justices Ravindra Ghuge and Abhay Mantri said it was of the prima facie opinion that there has been an intelligence lapse on the part of the Navy as it failed to notice a skyscraper being constructed in the vicinity of its establishment. The court was hearing a petition filed by the Commanding Officer of INS Shikra seeking to halt the project, citing significant security risks to the sensitive military installation.

The bench also questioned the Navy’s selective opposition to only this particular building when there are several other residential high-rises in the vicinity, with some at a “stone throw distance” from INS Shikra.

The petitioner’s advocate, RV Govilkar, said the other buildings were constructed before 2011, when the Ministry of Defence issued a notification, making a No Objection Certificate mandatory for the construction of tall structures near defence establishments.

The court, however, noted that the present high-rise received its commencement certificate in March 2011, and construction began since then. “You (Navy) are trying to hide a grave lapse on your part… lapse in intelligence and security… There has been a failure of intelligence. The Navy has been sitting in its office and noticed this building only after almost 70 metres (19 storeys) had already been constructed till the year 2024,” HC said.

There has been a prima facie lapse of intelligence, the court said, adding, “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.”

The bench said it cannot permit its earlier order, temporarily halting construction activity at the building site, to continue, as it was passed due to security concerns ahead of Prime Minister Narendra Modi’s recent visit to the city. The court said since construction up to 53.07 metres (15 storeys) was permitted in the area, the developer of the building shall develop above the permissible height at their own risk. It added that if the court finally concludes that an NOC (no objection certificate) was mandatory, then it would direct the demolition of the building above the permissible 53 metres.

The court also warned action against Mumbai civic body officials if it is found that the corporation has been complacent or has committed a blunder by granting the commencement certificate without an NOC from the Navy.

It posted the matter for final hearing on March 30. After perusing photographs of the area near INS Shikra submitted by the developer, the HC noted that there are several other high-rises between the structure under construction and the establishment.