The Defence Ministry has instructed authorities to immediately suspend construction activities near defence establishments in Mumbai if the projects do not possess a No-Objection Certificate (NOC) from the concerned local military authority. The directive applies even to developments that have already secured permissions from the Brihanmumbai Municipal Corporation (BMC) and other government departments.
The Maharashtra government’s Urban Development Department (UDD) communicated the instruction to the BMC Commissioner on November 4, asking the civic body to ensure compliance. The ministry has maintained that its NOC requirements must be followed to safeguard the security interests of defence installations.
Disagreement Over Existing Construction Approvals
The latest direction follows a disagreement between the state government and the Defence Ministry over the applicability of military clearances. In earlier correspondence, Additional Chief Secretary Aseem Kumar Gupta maintained that development permissions granted under state regulations constitute “committed development” and are difficult to withdraw once issued.
He also argued that planning authorities need not seek military NOCs unless specifically required under the Works of Defence Act, 1903, or another applicable law. However, the Defence Ministry rejected this interpretation, reiterating that its clearance guidelines continue to apply.
Developers And Homebuyers Face Uncertainty
The order has raised concerns among real estate developers and property buyers, particularly in suburban neighbourhoods surrounding defence facilities and ordnance depots.
Yomesh Rao, president of the Practising Engineers, Architects and Town Planners Association (India), said more than 120 projects in Malad and Kandivali are currently at different construction stages, while at least 50 additional developments are planned. Some sites have reportedly already been cleared.
He highlighted that uncertainty surrounding defence-related permissions has persisted for over 16 years, creating difficulties for developers and homebuyers in understanding approval requirements.
Defence Construction Restrictions Under Scrutiny
Under the Centre’s guidelines reported in 2024, construction is prohibited within 100 metres of defence establishment boundaries. Developments between 100 and 500 metres, limited to ground-plus-three floors, require military clearance.
The issue previously emerged in May 2024 when the Army’s Central Ordnance Depot in Kandivali sought a stop-work notice against Godrej Properties’ Godrej Reserve project, citing its proximity to the depot. The BMC declined the request, while the developer maintained that it undertakes projects only after obtaining necessary approvals.
Separately, a January 2023 relaxation reducing restrictions around naval installations from 500 metres to 50 metres was subsequently kept in abeyance, adding further uncertainty for redevelopment and fresh construction across Mumbai.
Source: Prop News Time
