High-rise near INS Shikra: HC raps Navy over ‘lapse’, 'intelligence failure'
Mumbai (PTI): 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.
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 R V 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 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.
“In fact, from the under-construction building, the naval base is out of sight. This is our prima facie view. We are intrigued that there are other buildings very close to the establishment and a threat perception hovers around them too, but the Navy has not done anything about them,” the court said.
Those buildings are literally a stone’s throw from INS Shikra, Justice Ghuge said.
Senior counsel Janak Dwarkadas, who represented the developer, argued that since the building received its commencement certificate in March 2011, months before the notification issued by the Ministry of Defence, it did not require the mandatory NOC from the defence.
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Bengal polls: TMC seeks removal of Bhabanipur poll official, alleges proximity with BJP's Suvendu
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Kolkata (PTI): The TMC sought the immediate removal of the returning officer for the Bhabanipur assembly constituency in West Bengal, alleging he has proximity with BJP candidate Suvendu Adhikari.
In a representation submitted to Chief Electoral Officer Manoj Kumar Agarwal on Friday, the ruling party raised objections to the appointment of RO for the Bhabanipur seat in southern Kolkata.
The party alleged that the returning officer has a “documented and close association” with Adhikari, who is contesting from Bhabanipur against Chief Minister Mamata Banerjee.
Adhikari is also in the electoral fray from Nandigram in Purba Medinipur district.
According to the complaint, the RO had earlier served as block development officer in Nandigram-II, where his proximity to Adhikari was allegedly visible in public engagements.
The TMC claimed that such an association creates a “reasonable apprehension of bias” and "compromises the neutrality" required for conducting elections.
The party also questioned the RO's current posting as additional director of land records, stating that the position is typically held by more senior officers.
The TMC alleged that his appointment to the role, particularly ahead of elections, raises concerns of “preferential and motivated deployment”.
Emphasising the critical role of a returning officer, the TMC said the official is responsible for key electoral processes, including nomination scrutiny, conduct of polling and declaration of results, and therefore must be “unimpeachably neutral”.
Citing Article 324 of the Constitution and provisions of the Representation of the People Act, the Trinamool Congress argued that the Election Commission is duty-bound to ensure free and fair polls by appointing officers without any perceived bias.
On 24th March, we formally wrote to the Chief Election Commissioner and CEO, West Bengal, flagging serious concerns over the appointment of Surajit Roy as Returning Officer for Bhabanipur.
— All India Trinamool Congress (@AITCofficial) April 3, 2026
We presented clear evidence of his close ties with Suvendu Adhikari from his days as BDO,… pic.twitter.com/i6Rybh4xDt
The party also referred to the Model Code of Conduct, which mandates administrative neutrality, and alleged that the RO's continuation violates these principles.
The TMC representation noted that the Election Commission had earlier sought a panel of three alternative officers from the state government, following a complaint lodged on March 24.
While the state complied, no decision has yet been taken to replace the RO, the letter, signed by senior TMC leaders Shashi Panja, Aroop Biswas, Baiswanor Chattopadhyay, claimed.
Calling the situation "constitutionally untenable" and "electorally dangerous", the TMC urged the EC to take "immediate, reasoned and transparent action to ensure the integrity of the electoral process".
