NOC for Constructions Near Defence Establishments Cannot Be Insisted Belatedly: Bombay HC

Mumbai, May 6: The Bombay High Court declared that late demands for NOC regarding construction adjacent to defence facilities are not permissible. The court mandated that authorities grant occupancy certificates for two residential buildings located near INS Trata.

Court's Observation

A bench of Justices G S Kulkarni and Aarti Sathe noted that insistence of NOC from defence officials requires an appropriate non-arbitrary, fair and reasonable approach by authorities strictly as per the requirement of law. The court observed that if defence's argument regarding security concerns has any basis, all steps required by law must be taken at the very beginning of any construction activity near military establishments.

"There cannot be a casual approach in such matters and more particularly, like in the present case, where construction has progressed substantially in accordance with the sanctioned plans and the permission granted by the planning authority," the HC maintained. The court also noted that the Constitution under Article 300A guarantees the right to property, which cannot be infringed in a manner not recognised by law.

Case Background

The court allowed the petition filed by Techno Freshworld LLP, developers of two residential buildings at Worli in central Mumbai, challenging the October 2025 stop work notice issued because they did not have mandatory NOC from naval authorities. As per MHADA, the NOC was mandatory as buildings were located near INS Trata, a naval installation.

Court's Ruling

The bench held that insistence of NOC by naval authorities was "illegal, invalid and unjustified." The court stated that MHADA's action in granting commencement certificates from time to time was legal and valid. It held that the stop work notice and rejection of OC application were "arbitrary and illegal." The court remarked that requirement of NOC cannot be selectively insisted or foisted by naval authorities.