Nagpur: The Nagpur Bench of the Bombay High Court dismissed a petition filed by the Station Commander of Kamptee, challenging the construction of the 28-floor Kukreja Infinity building, developed by Kukreja Infrastructure in Civil Lines. The ruling, delivered on Friday, came after careful consideration of arguments from both sides.
The bench, comprising Justice Bharti Dangre and Justice Abhay Mantri, had reserved its judgment earlier in the week. In its decision, the court concluded that the allegations raised by the Army were unfounded. The court highlighted that the building’s construction was already completed, rendering the objections moot.
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The Army’s petition was based on concerns over building regulations, specifically a requirement for a no-objection certificate (NOC) for structures within 100 meters of military installations. The Infinity building, located 76 meters from a military facility, was alleged to be in violation of this regulation. The Army sought the building’s demolition and a reduction of its height to eight floors.
The dispute stems from a series of notifications issued by the Army regarding construction distances from military establishments. The distance was set at 100 meters in 2011, briefly reduced to 90 meters in 2016, and reverted to 100 meters in 2022. Kukreja Infrastructure received construction permission in 2018 under the 2016 guidelines, and the building was completed in 2021.
During court proceedings, the Army argued that the Nagpur Municipal Corporation (NMC) had ignored objections raised five months before issuing the occupancy certificate for Infinity. However, the NMC defended its actions, stating they complied with regulations in force at the time.
Ultimately, the court ruled in favor of Kukreja Infrastructure, stating that the 2022 notification did not apply to a building completed under prior regulations. Senior Advocate Sunil Manohar represented Kukreja Infrastructure in the case.
