MUMBAI: Defence ministry has ordered an immediate halt to all construction projects near defence establishments, even if cleared by BMC or other govt agencies, if the local military authority’s no-objection certificate (NOC) has not been obtained, reports Nauzer K Bharucha.The order has shaken the city’s real estate sector, particularly in suburban belts located close to ordnance depots. Industry sources warned the decision could stall dozens of ongoing developments and deepen uncertainty that has persisted for years for homebuyers and developers. “There are 120+ projects in Malad-Kandivli alone at various stages of construction. Also, at least 50 more are in the pipeline, with some even razed,” said Yomesh Rao, president of Practising Engineers, Architects & Town Planners Association (India).
The halt could significantly impact the real estate sector in Mumbai.
Rao said the fallout would be severe for both builders and families who have already booked homes in these projects.“This uncertainty has been lingering for more than 16 years now. Nobody seems to be sure what exactly is needed and what exactly needs to be done,” he said.On Wednesday, the state urban development department (UDD) wrote to the BMC commissioner, asking the civic body to implement the defence ministry’s directive.The communication instructed that construction on projects granted approvals without the local military authority’s NOC should be stopped immediately. It also asked authorities to ensure that the defence ministry’s NOC guidelines are followed “in the larger interest of safeguarding the security concerns of the armed forces”.The latest defence ministry direction was issued in response to a letter sent by the UDD to the ministry last month. In that letter, signed by additional chief secretary Aseem Kumar Gupta, the UDD argued that permissions granted under the state’s latest development control regulations become “committed development”, making it difficult for the BMC to reverse or withdraw approvals once granted.Gupta’s letter also pointed to the regulatory confusion surrounding defence-related clearances. It stated that there is currently no operative defence ministry circular governing NOC requirements and that planning authorities are not required to insist on a defence NOC unless such a requirement is explicitly mandated under the Works of Defence Act, 1903, or any other applicable law.The defence ministry, however, replied that its NOC guidelines remain applicable, reiterating that local military authority (LMA) clearances are still required.The dispute has played out on the ground in Mumbai in recent years. In 2024, the BMC declined to issue a stop-work notice to an under-construction project in Kandivli (East) after the Indian Army’s Central Ordnance Depot (COD) directed that work be halted on a Godrej Properties project on Akurli Road. The COD had objected, claiming the site was within 500 metres of the perimeter wall of the Kandivli ordnance depot.Rules governing construction near defence installations have shifted repeatedly. In January 2023, the defence ministry announced significant relief for civilians living near naval installations across India, including Mumbai, by reducing the restricted construction zone from 500 metres to 50 metres. That relaxation, however, was later kept in abeyance, reviving uncertainty over redevelopment and new construction in affected areas.Since 2016, TOI has highlighted the difficulties faced by thousands of families living around Army and Navy installations in Mumbai, where buildings falling within the 500-metre zone have faced hurdles in redevelopment.
