The Bombay high court on Monday said if the 18-storeyed Harsiddhi Heights, built at a distance of just 57 metres from naval base INS Trata in Worli, is found to be a danger to national security, it will be demolished.
A division bench of justices DK Deshmukh and KK Tated was hearing a petition filed by the Indian Navy stating that the building is a security hazard and no clearance was obtained from it.
Additional solicitor general Darius Khambata argued that the construction was carried out on the basis of deemed permission. “Without an occupation certificate, and commencement certificate only up to the plinth level, can the building be allowed to stand, and even occupied?” Khambata asked. He said that when the navy wrote letters to the slum rehabilitation authority, under whose scheme the building was constructed, to alert it that the building is a danger to the missile launching site, the authority washed its hands off saying it does not have any powers to halt its construction.
Khambata also said that on a nearby plot the Brihanmumbai Municipal Corporation did not give permission because of the naval base, but the SRA still went ahead and allowed Harsiddhi to be built. “Somebody will have to apply their mind on why a no-objection certificate (NOC) from the defence department was not relevant,” said justice Deshmukh.
Harsiddhi’s counsel Aspi Chinoy said if the navy had apprehensions, it could have invoked its powers to halt the construction, as it has done in Malad and Santa Cruz. “Even if they have not, if there is real danger it will have to be pulled down,” said justice Deshmukh. Chinoy pointed out that the navy gave an NOC to 23-storeyed Godrej Bayview, which is also located in close proximity to the naval base. “If it is a threat to national security, it (Godrej) will also come down,” said justice Deshmukh.
The judges said the navy will have to explain its stand on Bayview and also if its officials have indulged in dereliction of duty and have jeopardised national security. “Now everybody is suspect. We will not permit something to be done which is a threat to national security,” justice Deshmukh said.
Chinoy said national interest is subject to the law of the land. “Anyone can come and shoot people at CST. Is it within the four corners of law?” asked justice Deshmukh. When Chinoy said national interest is embodied in the statutes, justice Deshmukh riposted, “Where will statutes go if India does not exist?”
The judges have directed SRA and the civic body to produce files pertaining to Harsiddhi and the case has been adjourned for two weeks.
