In Gorakhnath Shankar Nakhwa vs The Municipal Commissioner of Municipal Corporation of Greater Mumbai, the Bombay high court held that the construction of a building cannot be allowed at the cost of national security.

“In our view, construction activities cannot be permitted at the cost of national security. The construction proposed in the instant case is likely to be misused for spying over the property and activities of Mazgaon Dock, which is an offence under the provisions of the Official Secrets Act,” the bench held.

The bench rejected the petitioners’ argument that comparable approvals had previously been granted for the construction of high-rise buildings in the city’s Colaba neighbourhood, stating that two wrongs cannot make one right.