Bombay HC issues notice to Centre over housing project

05 Sep 2023 CW Team

The Bombay High Court has recently issued a notice to the Centre in response to objections raised concerning the construction of a residential project in Kandivali, along with the refusal to grant approval without a No Objection Certificate (NOC) from officers at the Commandant, Central Ordnance Depot (COD).

Sethia Infrastructure Pvt Ltd initiated legal proceedings this year by filing a petition, contesting what they described as "arbitrary, illegal, high-handed, and discriminatory" actions by the Centre in opposing the proposed construction. Notably, the project site is located nearly 80 meters away from the defence establishment.

According to the developer's petition, the Centre's 2016 circular imposes restrictions only within a 10-meter radius of a defence establishment. As the proposed construction stands at a significant distance of almost 80 meters, the question of requiring a prior NOC does not apply, the petitioner argued.

The petition highlights an alleged disparity in the treatment of the petitioner builder compared to other developers who have received approvals for projects within 500 meters of the periphery wall of the Kandivali complex of COD Mumbai. It asserts that this discrepancy amounts to a violation of the fundamental right to equality.

This legal development underscores the ongoing dispute surrounding the construction project and the interpretation of regulations related to defence establishments, casting a spotlight on issues of fairness and compliance within the regulatory framework.

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