The Maharashtra government has directed the Brihanmumbai Municipal Corporation (BMC) to immediately suspend construction activities near defence establishments where building permissions were issued without obtaining mandatory No Objection Certificates (NOCs) from the Local Military Authority (LMA). The directive, issued by the Urban Development Department (UDD) on November 4, 2026, has raised concerns among developers, housing societies and homebuyers over stalled redevelopment projects.
The decision follows correspondence between the state government and the Union Ministry of Defence (MoD) regarding conflicting regulations governing construction near military installations. While the Maharashtra Advocate General had earlier indicated that the Defence Ministry’s May 18, 2011 guidelines had been superseded by a December 2022 circular, which was subsequently kept in abeyance in February 2023, the MoD clarified on November 4 that the original 2011 guidelines remain applicable and legally binding.
Under the latest instructions, construction must stop at sites where municipal approvals were granted without the required military clearance. Planning authorities, including the BMC, have also been asked to follow the 2011 guidelines while examining pending and future development proposals.
The directive has created uncertainty for several redevelopment projects, potentially affecting families living in ageing buildings and homebuyers awaiting possession. Industry representatives have urged the state, defence authorities and civic bodies to establish a coordinated clearance mechanism, introduce compensatory Transferable Development Rights (TDR) and provide time-bound approvals.
A senior BMC official said, “The state UDD will discuss the matter with the MoD, and we will await further directions. Even the recent communication from the UDD, dated November 4 and addressed to the BMC, does not provide any standing directions. It only refers to construction work being carried out under permissions granted earlier.”
Housing sector representatives have also highlighted the financial consequences. Adv. Shreeprasad M. Parab of the Maharashtra State Co-operative Housing & Apartment Federation Ltd. said, “A housing society cannot be expected to demolish its building on the strength of municipal approvals, only to be told by another authority that construction cannot proceed.”
Ramesh Prabhu, founder-chairman of MahaSEWA, pointed to the absence of a TDR policy for affected housing societies.
Architect Yomesh Rao of PEATA India warned that several partially completed buildings have left displaced residents without proper accommodation, as developers struggle to continue paying transit rent.
Stakeholders maintain that national security requirements must be balanced with housing rights through transparent regulations and coordinated approvals.
