The Bombay High Court Wednesday directed the BMC to grant permissions to an under-construction residential society coming up near a Naval staff colony.
The Brihanmumbai Municipal Corporation (BMC) had denied further planning permissions to the society on the ground that it was being constructed near the Naval establishment in suburban Kanjurmarg.
Heritage Lifestyles and Developers, which is constructing the Tirandaz Subha Niketan Society, had moved the HC against stop-work notices issued by the BMC.
It said the civic body declined it permissions after the Chief of the Naval Staff refused to give NOC on the ground that no construction can be allowed within 500 meters of the Navy's residential colony.
A division bench of Justices Ranjit More and Bharati Dangre rejected this argument.
The naval authorities can not raise the issue of security as it was a residential colony of their staff and several private residential buildings are already standing in the vicinity, the bench said.
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It directed the BMC to grant necessary permissions.
Society's lawyers Milind Sathe and Saket Mone had argued that in November 2016, the corporation issued them a construction commencement certificate without informing that the Navy's NOC would be necessary.
The developer constructed seven floors, after which the BMC refused to give further planning permissions, saying the Navy had objected to the construction, the lawyers said.
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