BHARATI H. DANGRE, J.

1. The petitioner, a Private Limited Company incorporated under the provisions of Companies Act, which has undertaken redevelopment under the Development Control Regulations of 1991 on a land situated in Colaba, Mumbai has invoked the jurisdiction of this Court, being aggrieved by the impugned stop work notice issued by the Executive Engineer of the Municipal Corporation of Greater Mumbai (MCGM) on the basis of the letter issued by the Administrative Commandant, Station Commander, Head-Quarters i.e. respondent no.7. The petition raises an issue as to whether the No Objection Certificate (NOC) of defence authorities is required for the completion of construction and occupation of the property being developed by the petitioner. The petition seeks an interim relief to the effect of staying operation of the impugned noticed and refraining the respondent MCGM from acting upon the said impugned notices.

In view of the limited question raised in the petition, we issue Rule and with the consent of the parties, proceed to hear the petition finally.

2. The petitioner has undertaken the redevelopment of category 'A" cessed building situated on land bearing CS No.63 of Colaba Division situated at Shahid Bhagat Singh Road, Colaba under Regulation 33(C) of the D.C. Regulation 1991. The respondent no.1 is a Mumbai Municipal Corporation constituted under the Act of 1888 (hereinafter referred to as "MMC Act") and is a designated planning authority under the provisions of Maharashtra Regional Town Planning Authority, 1966 (for short "MRTP Act, 1966) for the areas under its jurisdiction. The respondent nos.2 to 5 are the Officers of the MCGM and are entrusted the task to grant permissions pertaining to the construction of buildings and completion and occupancy thereof. Respondent no.7 is the Colonel, Administrative Commandant Station Commander Head Quarters Uttar Maharashtra, and Gujarat, whereas respondent no.8 is the Administrative Commandant, Station Commander Head Quarters, Uttar Maharashtra and Gujarat.

The existing "Rashid Mansion" located on the land bearing CTS 63 of Colaba Division situated at Shahid Bhagat Singh Road, Colaba, admeasuring approximate 2225.49 sq.yards equivalent to 1860.79 sq.m was accorded sanction under Section 36(1)(C) of the Bombay Public Trust Act, 1950 by the Joint Charity Commissioner in 2006. The leasehold rights came to be transmitted to the petitioner from Maskati Charitable Properties Trust who was assigned the leasehold rights. The said Rashid Mansion was categorized as "A" category cessed building and was in a dilapidated and dangerous condition. The petitioner proceeded to redevelop the same by constructing a residential building as per the existing development laws and regulations.

3. The petitioner commenced the redevelopment of the property in or about December 2006 and was granted permission for development of the residential building by the planning authorities. The petitioner through its Architect submitted the application in terms of Section 44 of the MRTP Act seeking requisite permission for development/construction of the building in or around 2006. In pursuance thereto, the MCGM issued its intimation of disapproval (IOD) on 22nd July 2008 under Section 346 of the MMC Act in favour of the petitioner. The IOD stipulated various conditions including obtaining NOC from various authorities but even it did not contemplate seeking of NOC from defence authorities. Pursuant to a commencement certificate issued on 21st July 2009, the petitioner commenced construction of a multi storeyed residential tower captioned as "Water Front Tower". In the mean time, the State Government issued a resolution on 4th September 2009 through its Urban Development Department, pursuant thereto Regulation 67 of DCR was modified and a result of which redevelopment of building under DCR 33(6), 33(7), 33(8), 33(9) and 33(10) of Heritage building, sites and precincts was permitted beyond 24 metres subjec