Navy said no, BMC said yes: Centre challenges high-rise near INS Trata in HC
The Union government has approached the Bombay High Court against the reconstruction of a building being undertaken right next to a crucial defence unit under the Western Naval Command.
The Centre has alleged that the Brihanmumbai Municipal Corporation (BMC), which granted permission for the construction, did so deliberately by violating the Ministry of Defence guidelines. The building is located approximately 100 metres from the Navy unit INS Trata.
The Union government has raised concerns over the ongoing reconstruction of Vrindavan Co-Op Housing Society on Sasmira Road in Mumbai's Worli area. The previous structure comprised a ground-plus-four-floor building, but the new reconstructed building will "directly overlook the military station, thereby making it susceptible to spying and endangering the life of the defence unit and the life of a naval personnel."
"The proposed multistorey building would be vulnerable and imminent threat to the defence unit as the activities carried out in the defence unit can be easily under surveillance and monitored from the said building. There is the reasonable apprehension that the proposed building shadows the military defence unit and the activities in the said unit. The Petitioner defence unit is a house of several military vehicles and new munition with other equipments. The activities and the movement are kept confidential in the interest of the national security of the country. However, the proposed building has visual sight of all Trata Sites and has access to all the ongoing sensitive activities," the Union government stated in its plea.
The plea pointed out that an initial proposal had come in 2007, and the Western Naval Command headquarters (HQENC) had granted the sanction. Later, in 2018, a revised plan was submitted by the society to construct a high-rise building of 148.43 metres. This was refused by HQWNC. However, the BMC sent it again in 2018, then in 2019 and again in 2022, with each proposal showing an increased height despite the refusals by HQWNC.
The Union government alleged that despite these refusals, and because INS Trata would be in the direct line of sight from the construction, the BMC unilaterally granted permission in 2023 without a NOC from the Navy, which, according to the Union government, was mandatory. Despite continuous persuasion from the Navy, the BMC asserted that the permission granted could not be revoked.
The Union government pointed out that the Ministry of Defence guidelines of May 18, 2011, mandate that any construction within 100 metres of a defence establishment, or any construction above four storeys within 500 metres, cannot be approved unless the Station Commander grants a Defence NOC.
The redevelopment site is located at a distance of 100 metres from INS Trata Site III/IV and 120 metres from Site II. Therefore, any building above four floors within 500 metres is a security hazard, and the Defence authorities must grant an NOC before approval, the plea asserts.
The plea seeks cancellation of the permission granted by the BMC and demolition of the construction. As an immediate measure, it has also sought a stay on the construction work.
Although this is not the first time that structures around INS Trata have been alleged to pose a threat to the naval installation, petitions regarding structures near military bases have previously reached the Bombay High Court and have been dealt with by the court.- Ends
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