BMC Rejects Army's Directive to Halt Godrej Properties' Project in Kandivli

The BMC has rejected the Indian Army's directive to halt construction on Godrej Properties' project in Kandivli East, citing compliance with regional planning laws and ongoing discussions about construction restrictions near defense establishments.

In a rare and bold move, the Brihanmumbai Municipal Corporation (BMC) has turned down the Indian Army's request to stop construction on a residential project by Godrej Properties in Kandivli East. The project, named Godrej Reserve, is located about 250 meters from the perimeter wall of the Central Ordnance Depot (COD) in Kandivli.

The Central Ordnance Depot had issued a directive based on central government guidelines that prohibit any construction within 100 meters of defense establishments. Furthermore, these guidelines restrict construction to a maximum of four storeys for buildings situated between 100 to 500 meters from such facilities unless a no-objection certificate (NOC) is obtained from the defense authorities.

On May 15, the COD sent a letter to the BMC claiming that the ongoing construction violated these government orders and guidelines. The letter urged the BMC to issue a stop-work notice to avoid legal complications. However, the BMC, in its response dated June 11, defended the project's legality. It cited the Maharashtra Regional Town Planning Act, 1966, and the Development Plan, 2034, which take into account safety and security considerations around defense establishments.

The BMC highlighted that numerous projects near the COD in Kandivli and Malad adhere to a 2016 circular, ensuring they are beyond the 10-meter restricted zone. According to the BMC, halting these projects would be illegal and unfounded.

This decision by the BMC comes amid ongoing discussions about construction restrictions near defense establishments. In January 2023, the defense ministry had announced a reduction in restrictions around naval installations from 500 meters to 50 meters. However, this decision appears to be on hold as per real estate industry sources.

The issue of redevelopment restrictions within the 500-meter zone around Army and Navy installations in Mumbai has been a topic of media coverage since 2016. The BMC's refusal to issue a stop-work notice for the Godrej project could set a significant precedent for future construction activities near defense facilities.

This case may have broader implications for the construction industry in Mumbai, as builders and developers navigate the complex landscape of regulations and guidelines concerning defense establishments.