In an unprecedented move, the Brihanmumbai Municipal Corporation (BMC) has rejected the Indian Army's Central Ordnance Depot's (COD) directive to halt construction on a Godrej Properties project in Kandivli East. The project, named Godrej Reserve, is situated approximately 250 meters from the Kandivli ordnance depot's perimeter wall.
The COD had cited central government guidelines that prohibit construction within a 100-meter radius of defence establishments and restrict construction to a maximum of four storeys within 100 to 500 meters without obtaining a no-objection certificate (NOC).
The Army's May 15 letter to the BMC asserted that the ongoing construction was a "clear violation of government orders/guidelines" and requested a stop-work notice to prevent legal complications. However, the BMC, in its June 11 response, defended the project's legality under the Maharashtra Regional Town Planning Act, 1966, and Development Plan, 2034, which consider safety and security aspects.
The BMC further pointed out that there are about 100 ongoing projects near the COD Kandivli and Malad, all beyond the 10-meter restricted zone and complying with a 2016 circular. It argued that issuing stop-work notices for these projects would be unlawful.
This decision comes amidst ongoing discussions regarding construction restrictions near defence establishments. In January 2023, the defence ministry reduced restrictions near naval installations to 50 meters from 500 meters, but real estate industry sources indicate that this decision has been put on hold.
The issue of redevelopment restrictions for thousands living within the 500-meter zone around Army and Navy installations in Mumbai has been highlighted in the media since 2016. The BMC's refusal to issue a stop-work notice in this case may have broader implications for future construction projects near defense establishments.
