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Sethia Infrastructure Pt Ltd filed a petition earlier this year, challenging what they described as "arbitrary, illegal, high-handed, and discriminatory" actions by the Centre in opposing the proposed construction. Remarkably, the project site is situated nearly 80 meters away from the defence establishment.
According to the petitioner, the Centre's 2016 circular only imposes restrictions within 10 meters of a defence establishment. Given that their proposed construction is almost 80 meters away, they argue that obtaining a prior NOC is unnecessary.
The petitioner further alleges unequal treatment by authorities, pointing to approvals granted to other developers who are developing properties within 500 meters of the periphery wall of the Kandivali complex of COD Mumbai. This, they claim, amounts to a violation of the fundamental right to equality.
In May 2011, the Union of India issued guidelines requiring NOCs from the local station commander before granting building permissions for constructions within 100 meters, with a greater distance of 500 meters for multi-storey buildings exceeding four stories.
The security restrictions for 193 defence establishment locations were initially set at 10 meters from the outer wall of such establishments, as outlined in a 2016 circular, after concerns were raised by builders and the public regarding construction difficulties.
The petition asserts that their property falls within the 10-meter restricted zone, negating the need for an NOC. In June 2022, the Slum Rehabilitation Authority (SRA) issued a letter of intent to Sethia for construction in Kandivli, followed by the issuance of a commencement certificate and approval of a 40-storey tower plan in the subsequent month.
In October 2022, the Chief Fire Officer also granted an NOC for the tower, leading the builder to sell approximately 200 flats. However, in December 2022, the SRA reported receiving objections from the Major OIC Land & Legal for the Commandant, COD, Kandivli, who argued that the project was within 100 meters of a defence establishment and therefore required a prior NOC.
In an order dated August 29, the HC issued a notice for final disposal at the admission stage to the respondents, making it returnable on September 20. The Centre, Defence Ministry, SRA, and other relevant parties are required to file their responses before the upcoming date.
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