Court chastises the Navy for its tardy protest to a high-rise near a naval facility due to intelligence failure.

While considering the Navy’s challenge to the construction of a more than 20-story structure close to INS Shikra in Colaba, which the force believes could pose a threat to the naval facility, the Bombay High Court on Friday noted a “failure of Naval Intelligence.” The court observed that it would reflect a lapse on the Navy’s part if the construction, which began in 2024, had gone unnoticed until now instead of being flagged earlier.

“Prima facie, this clearly indicates failure of intelligence on the part of the Navy,” the ruling of a bench consisting of Justices Ravindra Ghuge and Abhay Mantri stated. The developer was also instructed by the bench to refrain from establishing any third-party rights until the petition brought by the Navy’s Local Military Authority was finally heard.

“When these tower buildings are being constructed to the height of 63 meters, we are surprised how the petitioner intelligence failed to notice the construction of the developer of the building, which gradually put floor upon floor and reached Ground plus 19 in 2024,” the court said.

The bench directed the developer and the Brihanmumbai Municipal Corporation (BMC) to file replies to the Navy’s petition, while expressing concern that the building overlooks the naval property.

From the record, the bench found that the developer’s building was at a height of 69.94 metres since 2024. “The petitioner cannot deny several VVIP movements between 2024 and February 2026. Yet, if this building has gone unnoticed, we find this could only be attributed to the failure of the naval intelligence at the Colaba Station.”

The bench observed that the Navy woke up to the presence of the building only now when Prime Minister Narendra Modi was to be in Mumbai.

The court said the developer would develop its property at its own risk. “If we eventually conclude that NOC is mandatory, we would direct demolition of the said floors. If we finally come to the conclusion that the municipal corporation has either been complicit or there is laxity on its part, or if the circumstances indicate that they have committed a blunder by granting permission, by granting OC/CC without taking the NOC of the petitioner, the court said.

The bench also warned, “if the circumstances so indicate, we would not hesitate to direct prosecution of the officers of the municipal corporation.” According to the bench’s directive, the developer must properly notify buyers of the petition’s status, the temporary injunction, and the possibility of any unfavorable conclusion, which also applies to these buyers. The developer is also prohibited from selling apartments or establishing third-party rights for floors higher than 53 meters.

In order to understand how clearance for such a lofty building with an aerial view of INS Shikra was granted, the Navy claimed to have been in correspondence with the Brihanmumbai Municipal Corporation (BMC) since last year. It finally went to court after months of not hearing back.