Bombay High Court Quashes Stop-Work Notice for Worli Redevelopment Project
‘NOC demand at completion stage arbitrary’: HC quashes stop-work notice for Worli buildings near INS Trata
The Indian Express
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The Bombay High Court has quashed a stop-work notice issued for two redeveloped buildings near INS Trata in Worli, Mumbai, deeming the demand for a No Objection Certificate (NOC) from the Navy at the completion stage as arbitrary and illegal. The court emphasized that the buildings were beyond the required security radius and legally sanctioned.
- 01Bombay High Court ruled against the stop-work notice for Worli buildings.
- 02The demand for a Navy NOC at the completion stage was deemed arbitrary.
- 03The buildings are beyond the prescribed security radius and legally approved.
- 04The court criticized the Defence authorities for their casual approach.
- 05Existing buildings in the area have varied NOC requirements, indicating inconsistency.
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The Bombay High Court in Mumbai has quashed a stop-work notice issued to Techno Freshworld LLP for two redeveloped buildings near INS Trata, stating that the insistence on a No Objection Certificate (NOC) from the Navy at this late stage was both arbitrary and illegal. The court noted that the buildings, which are rehabilitating 72 members of a housing society, lay beyond the prescribed security radius and had received all necessary legal approvals. The court criticized the Maharashtra Housing and Area Development Authority (MHADA) for issuing the stop-work notice based on a request from the Navy, emphasizing that such demands should be made earlier in the construction process. The judgment highlighted that the Ministry of Defence's (MoD) security concerns should have been addressed at the beginning of the project, not at its completion stage. The court pointed out the inconsistency in NOC requirements for buildings in the vicinity of INS Trata, suggesting that the authorities could not selectively enforce these requirements. The ruling underscores the need for a fair and reasonable approach by authorities regarding construction near defense installations.
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The court's decision allows the completion of the redevelopment project, benefiting the rehabilitated members and addressing inconsistencies in NOC enforcement in the area.
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