BMC lifts curbs on construction within 500 m of defence depots

The Brihanmumbai Municipal Corporation (BMC) in Mumbai has decided to process fresh proposals for construction projects near defence establishments without requiring No Objection Certificates (NOC). This decision is expected to benefit families living near these establishments, as well as builders and developers in the area. The move comes after the Bombay High Court struck down all defence circulars regarding buffer zones. The BMC will now consult with the law officer on legal issues before proceeding with approvals. However, the BMC will still require an affidavit from owners/developers stating they will withdraw any pending petitions before granting approvals.

Mumbai: The Brihanmumbai Municipal Corporation (BMC) on Friday decided to process fresh proposals for approval of construction projects within 500 metres of defence establishments without insisting on No Objection Certificates (NOC). The decision is likely to bring relief to hundreds of families living near the central ordnance depots at Kandivali and Malad and the Materials Organisation in Ghatkopar, whose properties could not be redeveloped due to the NOC requirement. The decision is also expected to benefit builders and developers in these up-and-coming suburbs.

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As reported by HT, the state’s urban development department (UDD) had on November 3 issued a clarification saying it had sought legal opinion from the state advocate general regarding curbs on construction activities near defence installations. The department had clarified that guidelines regarding buffer zones were no longer applicable as the Bombay high court had struck down all four defence circulars from 2011, 2015, 2016, and 2022 in its September 27 order. The clarification was sent to BMC as well as the Slum Rehabilitation Authority.

Three days after the clarification was issued, BMC’s chief engineer (development plan) put up a proposal before municipal commissioner Iqbal Singh Chahal, stating, “In view of recent clarification issued by UDD dated 3.11.2023, it is proposed to process the proposals for further approvals without insisting on Naval NOC for plots within 500 m, irrespective of their earlier rejection or stop work notice issued by this office.”

The proposal, a copy of which was reviewed by HT, was approved by Chahal on Thursday with remarks that the law officer be consulted on legal issues.

The proposal noted that following the 2011 defence circular, the 500 m buffer line was marked on the 1991 Development Plan and the BMC would forward applications for construction projects to the Naval authorities for their NOC before issuing Commencement Certificates. But following the 2016 defence circular, naval authorities would reject NOCs for development of plots within the 500 m buffer zone.

On December 23, 2022, the defence ministry issued a fresh circular relaxing curbs on construction within the buffer zone, but said that construction projects within 50 metres of highly sensitive installations would continue to require an NOC from local military authorities. Two months later, on February 23, Shamishtha Maitra, director (lands) at ministry of defence stayed this circular till further orders.

Referring to these developments, the proposal put up by the chief engineer noted, “The circular dated 3.12.2022 mandating NOC for 50 m is also in abeyance as per circular dated 23.2.2023. Hence, the same is not applicable at the present stage.”

The proposal further noted that since there are many suits pending pending in the Supreme Court regarding the issue, the BMC would insist on an affidavit from the owner/developer stating they would withdraw their petitions, if any, before giving them fresh approvals for construction within the buffer zone.