High Court rules against highrise on mill plot adjoining INS Shikra

In an affidavit filed before the court in an earlier hearing,the Defence Department had reiterated that the installations would be more vulnerable to terror attacks if the highrise is allowed.

The petitioners had contended that the BMC does not need to seek approval from the Defence Department before approving the project. However,rejecting the argument,the Bench of Justice P B Majmudar and Justice Mridula Bhatkar said,“It is the inherent duty of the planning authority (BMC) to take into account such considerations. It cannot shut its eyes to the proposed development in the area. No fault can be found with it.”

Earlier,appearing for the Central government,Additional Solicitor-General Darius Khambata and lawyer Rui Rodrigues had contended that anti-national elements could use the highrise to attack the naval base or for surveillance.

TCI counsel Rohit Kapadia and Pravin Samdani said the Navy had not made similar objections to other tall buildings in the vicinity and also nearby slums. However,the Central government’s counsel pointed out that a highrise adjacent to the establishment would pose a much greater risk.

Khambata had also noted that the base is used by VVIPs and even US president Barack Obama had landed at INS Shikra after boarding a chopper from the Mumbai airport to reach the nearby Taj Mahal Hotel last year.

The judges held that questions regarding national security should be left to the defence. They also recalled the 26/11 attacks and said there is nothing wrong if departments become more cautious.