Case Note & Summary
The petitioner, Sea Kunal Corporation Pvt. Ltd., a private limited company, undertook redevelopment of a Category A cessed building known as Rashid Mansion on land bearing CS No. 63 of Colaba Division, Shahid Bhagat Singh Road, Colaba, Mumbai. The redevelopment was under Regulation 33(C) of the Development Control Regulations for Greater Mumbai, 1991. MCGM granted Intimation of Disapproval on 22 July 2008 under Section 346 of the Mumbai Municipal Corporation Act, 1888, and a Commencement Certificate on 21 July 2009. The State Government’s Urban Development Department issued a resolution on 4 September 2009 modifying Regulation 67, permitting construction beyond 24 metres, and the petitioner obtained approval for a height up to 158.56 metres, later voluntarily reduced to 127.53 metres. The High Rise Committee issued NOC on 6 July 2013. On 21 February 2015, the Principal Secretary, Urban Development Department, issued a circular under Section 154 of the Maharashtra Regional and Town Planning Act, 1966, stipulating that no NOC from Local Military Authority is required for development permissions and that if no response is received within 30 days from the military authority, permissions can be processed without NOC. Despite these approvals and the circular, the Executive Engineer of MCGM issued a stop work notice based on a letter from the Station Commander (respondent no. 7). The petitioner filed the present writ petition challenging the stop work notice and seeking a declaration that no NOC from defence authorities is necessary for completion and occupation. The court, considering the limited question, issued Rule and, with consent of parties, heard the petition finally. The judgment was reserved on 15 February 2019 and pronounced on 27 February 2019. However, the available text does not include the court’s analysis, reasoning, or final decision.
Headnote
A) Municipal Law - Building Permissions - Requirement of No Objection Certificate from Defence Authorities - Development Control Regulations, 1991; Maharashtra Regional and Town Planning Act, 1966, Sections 44, 154; Municipal Corporation Act, 1888, Section 346 - The petitioner, redeveloping a cessed building, challenged a stop work notice issued by MCGM based on a communication from defence authorities. The court issued Rule and heard the petition finally, considering whether an NOC from defence authorities is necessary for completion and occupation under the relevant regulations and circulars. (Paras 1-4)
Issue of Consideration
Whether No Objection Certificate (NOC) of defence authorities is required for the completion of construction and occupation of the property being developed by the petitioner.
Law Points
- Requirement of NOC from defence authorities under Development Control Regulations
- MMC Act
- and MRTP Act
Case Details
2019 LawText (BOM) (03) 51
Writ Petition No.3217 of 2018
Ranjit V. More, Smt. Bharati H. Dangre
Dr. Milind Sathe, Sr. Adv., Mr. Vineet Naik, Sr. Adv., Mr. A. Hariman, S. Ghosh and Mrs. Deeksha Jani for Petitioner; Mrs. P.H. Kantharia a/w. Ms. Vandana Mahadik for MCGM; Mr. Anil C. Singh, ASG a/w Mr. Aditya Thakkar, Parag Vyas for Respondent Nos.7 and 8; Mr. Kunal Bhange AGP for the State.
Sea Kunal Corporation Pvt. Ltd.
Municipal Corporation of Greater Mumbai & Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the stop work notice issued by the Municipal Corporation of Greater Mumbai (MCGM) based on a letter from defence authorities, seeking to quash the notice and for a declaration that no NOC from defence is required.
Remedy Sought
The petitioner sought stay of the impugned stop work notice and a direction to the respondents not to insist on NOC from defence authorities for completion and occupation of the building.
Filing Reason
The Executive Engineer of MCGM issued a stop work notice on the basis of a letter from the Station Commander, necessitating the filing of the petition.
Previous Decisions
A prior writ petition (No.1261 of 2012) challenging earlier stop work notices was disposed of by consent order dated 16.08.2012, where the petitioner agreed to reduce building height and MCGM agreed to approve amended plans and issue further commencement certificate. No issue of defence NOC was raised in that litigation.
Issues
Whether No Objection Certificate (NOC) of defence authorities is required for the completion of construction and occupation of the property being developed by the petitioner.
Judgment Excerpts
The petition raises an issue as to whether the No Objection Certificate (NOC) of defence authorities is required for the completion of construction and occupation of the property being developed by the petitioner.
The circular did not contemplate NOC from the local Military authority and contain the following stipulations : (1) No NOC is required to be obtained from the Local Military Authority (LMA) for grant of any permission for development; and (2) Even if the planning authorities or the private developers had made any applications for NOC to Local Military Authorities and if no response was received from such local military authorities within a period of 30 days, then the development permissions could be further processed without insisting on any NOC.
Procedural History
The petition was filed in 2018. The court issued Rule and heard the petition finally with consent of parties. Reserved on 15.02.2019, pronounced on 27.02.2019.
Acts & Sections
- Development Control Regulations for Greater Mumbai, 1991: Regulation 33(C), Regulation 67
- Maharashtra Regional and Town Planning Act, 1966: Section 44, Section 154
- Mumbai Municipal Corporation Act, 1888: Section 346
- Bombay Public Trust Act, 1950: Section 36(1)(c)
- Works of Defence Act, 1903:
