NAGPUR: The Union defence ministry has moved the Bombay High Court's Nagpur bench to stop an upcoming residential complex close to the boundary
wall of its airbase at Vayusena Nagar in Nagpur.
The petition moved through the commanding officer of Head Quarters Maintenance Command (HQMC), Nagpur, came up before the division bench comprising justices Dilip Sinha and Filimino Reis. The bench directed the respondents, including Nagpur Improvement Trust (NIT), Dolly Enterprises of Byramji Town, and IVR Prime Urban Developers, to stop construction on the site till Monday.
According to the petitioner's counsel Anand Parchure, NIT had sanctioned a residential complex on December 30 last year to be built by Dolly Enterprises in a joint venture with IVR Developers. The HQMC officers noticed while patrolling that construction activity was taking place close to the boundary wall of the IAF station. HQMC lodged a strong objection with the NIT, after which the civic body had asked Dolly Enterprises to halt construction on March 30. The builders submitted a reply to NIT stating that they had already invested heavily into the project.
Meanwhile, the HQMC had issued an official communication on May 5 to NIT, asking it to completely stop the construction activities at the site, citing security risk to the defence establishment. The petitioner cited the Works of Defence Act, 1903, and a communication by the defence ministry issued on February 14, 2007, which states that no construction activity should be allowed within 100 metres of air force stations.
However, the civic body on June 16 permitted the other respondents to resume construction at the site. The petitioner then approached the court demanding quashing of NIT's order of March 30 allowing Dolly Enterprises to erect residential complex comprising flats at Khasra No 56/1 and 56/2 at area known as Hazari Pahad. It also prayed for immediate halt of all construction activities at the site.