Bombay High Court Overrules Naval Objection on Residential Construction

The Bombay High Court ruled against the naval authorities' requirement for a belated No Objection Certificate (NOC) for residential buildings near Mumbai's INS Trata. The court emphasized a fair approach and upheld developers' rights, allowing construction completion. This decision challenges the arbitrary enforcement of construction NOCs.

The Bombay High Court has struck down the naval authorities' demand for a belated No Objection Certificate (NOC) for two residential buildings near INS Trata in Mumbai. The court emphasized the necessity for a reasonable and lawful approach regarding security concerns.

In its ruling, the bench of Justices G S Kulkarni and Aarti Sathe stated that the NOC requirement must be applied consistently and fairly, especially after construction has advanced with sanctioned plans. The court maintained that arbitrary insistence on an NOC infringes on constitutional property rights.

The court found MHADA’s action of granting commencement certificates to the developers lawful and upheld the developers' right to an occupancy certificate. The ruling challenges the inconsistency in applying NOC requirements near military establishments.