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November 6, 2026
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Yanik Upasani

Building Near a Defence Site in Malad or Kandivali? What the New Military NOC Order Means for Your Flat

The defence NOC construction halt puts 170+ Malad-Kandivali projects at risk. What buyers, NRIs and owners should check before paying the next instalment.

Mumbai residential high-rises with one tower still under construction and a crane on top, seen from a tree-lined street

If you've booked a flat in Malad or Kandivali, or you're about to, this is a week to slow down and read the fine print. For many families, an under-construction flat is the biggest cheque they will ever write. So when a news report says that construction near defence sites "must stop" if a project lacks a military NOC, even with BMC approval, it is natural to feel worried.

I want to walk you through what has actually been reported, what is still unclear, and the few calm, practical steps I'd take if this were my money.

What did the Defence Ministry order?

According to a Free Press Journal report updated on 6 November 2026, the Defence Ministry has directed an immediate halt to construction near defence establishments on projects that do not have a No-Objection Certificate (NOC) from the local military authority, even where the BMC or other government bodies have already approved the plans.

The report says Maharashtra's Urban Development Department has written to the BMC commissioner to implement the order, and that the letter says construction on projects approved without a local military NOC "must be stopped immediately."

The report also explains the background. Last month, Additional Chief Secretary Aseem Kumar Gupta had argued in a letter that approvals under the current development control regulations count as "committed development", and that no NOC is needed unless a law such as the Works of Defence Act, 1903 requires it. Per the report, the ministry rejected that view and said its NOC guidelines still apply.

How many projects in Malad and Kandivali could be affected?

The 170+ figure in the headlines comes from one estimate. Yomesh Rao, President of the Practising Engineers, Architects and Town Planners Association (India), told the paper there are "120+ projects in Malad-Kandivali alone" under construction, and "at least 50 more are in the pipeline."

That is an industry estimate, not an official list. No official list of affected projects appears in the reports we checked, and the report itself says developers and homebuyers are "awaiting clarity on the way forward." My reading is that nobody should assume their project is caught, and nobody should assume it's safe, until they have checked.

Why Malad and Kandivali, and why now?

These suburbs have defence land close to dense residential pockets. This isn't the first time the issue has come up. A May 2024 Free Press Journal report described an objection from the Central Ordnance Depot in Kandivali to a large residential project on a plot it said was within 500 metres of the depot. That report cited the Union government's May 2011 guidelines: no construction within 100 metres of a defence establishment, and buildings of up to four storeys within 100 to 500 metres after a Defence Ministry NOC.

The November 2026 report adds that in 2024 the BMC declined to issue a stop-work notice to that project, despite the depot's objection. It also notes that in January 2023 the Defence Ministry had relaxed the restricted zone near naval installations, including in Mumbai, from 500 metres to 50 metres, a relaxation that was later "kept in abeyance."

So the rules have moved back and forth for years. I'd treat this week's order as the Centre drawing a firmer line, with the state and the BMC now expected to act on it.

Is my under-construction flat at risk?

Here's how I'd think about it, step by step:

  • Where is the plot? If your project is not near a defence establishment, this order should not touch it. If it is near one, keep reading.
  • What does the approval file say? Ask the developer, in writing, whether the project needed a defence NOC and whether it holds one. A clear written answer, with the NOC reference if there is one, is worth more than any verbal assurance at a site office.
  • What does MahaRERA show? Look up the project on MahaRERA. Our guide on checking MahaRERA registration before booking shows you where to look.
  • Has the developer written to buyers? A responsible developer should tell buyers whether work is affected. Silence is not an answer, so ask.

What if construction on my project is stopped?

A stop on work usually means delay, and delay is where buyers need to know their rights. Under RERA, a buyer facing a delayed possession may have the right to interest for the delay, or in some cases to withdraw with a refund. Our explainer on MahaRERA delay interest and possession covers how that works, and our RERA helpdesk page can help you get started.

What I'd avoid is a panic move: stopping instalments without advice, or selling a booking in a hurry at a loss. Both can cost more than the problem you're trying to escape.

A stop-work order is a reason to ask questions in writing, not a reason to panic.

What this means for you

If you've already booked in Malad or Kandivali

Write to your developer this week and ask two plain questions: did this project need a defence NOC, and does it have one? Keep every reply. If your home loan is disbursing in stages, it is also worth letting your bank know you are seeking clarity. If you want to model how a delay changes your outgoings, our EMI calculator is a simple place to start.

If you're an NRI owner or buyer abroad

Distance makes uncertainty feel bigger. Put your questions in email, check the MahaRERA page every few weeks, and have someone on the ground who can visit the site and the sales office for you. Our NRI buy and sell desk is set up for exactly this kind of follow-through.

If you're about to buy

For now, I'd lean towards ready flats with an OC in these pockets, or new projects where the developer can show the defence NOC on paper. You can browse flats in Kandivali and flats in Malad, and our buyers' tool hub has checklists for the paperwork.

If you own a ready flat nearby

This order is about construction approvals, so it is not aimed at completed, occupied homes. If you're unsure what this news does to your flat's value, a quick property valuation will give you a calm, local view.

How we help

We have an office in Kandivali East (Thakur Village), so this is our own neighbourhood. One example from our published case files: a Gulf-based NRI owner took possession of a new flat in Kandivali East from abroad, with snag-list defects, an electrical connection still pending from the builder, and no fit-out. Working under the owner's written authorisation, our team got the developer to fix the defects, ran the carpentry and electrical work, and booked a tenant about 12 weeks after key handover. That is the kind of patient, on-ground follow-up I'd want for any buyer waiting on a developer right now. You can read more on our Owners Wall.

Aerial view of a hazy Mumbai suburban skyline with residential high-rises, one tower still under construction
Under-construction towers in Mumbai's suburbs. Looking for a ready home instead? See flats in Thakur Village, Kandivali East.

Frequently asked questions

Does the defence NOC order stop every project in Malad and Kandivali?

No. As reported, it applies to projects near defence establishments that were approved without a NOC from the local military authority. Projects that already hold that NOC, or are not near a defence site, are not the target.

Which projects are affected by the defence NOC order?

The Free Press Journal report quotes an architects' association estimate of 120+ projects under construction in Malad-Kandivali and at least 50 more in the pipeline. No official list has been published yet, so ask your developer in writing whether your project needed and holds a defence NOC.

What are the distance rules for building near a defence site in Mumbai?

A 2024 report on the Kandivali ordnance depot cited the Union government's May 2011 guidelines: no construction within 100 metres of a defence establishment, and up to four storeys within 100 to 500 metres after a Defence Ministry NOC. Treat this as background and confirm the current rule for your plot.

Should I stop paying instalments on my under-construction flat?

Not on your own. Read your agreement, ask the developer for a written answer on the NOC and any stop-work notice, and take legal advice before you withhold a payment, because missed instalments can carry their own penalties.

I'm an NRI with a booked flat in Kandivali. What can I do from abroad?

Write to the developer by email so you have a record, check the project's MahaRERA page for updates, and keep a trusted person or agent in Mumbai who can visit the site and the sales office for you.

Related reading

If you've booked in Malad or Kandivali and aren't sure where you stand, I'd be happy to talk it through. We can do a short video call, or just message us on WhatsApp. You can reach us here or WhatsApp us at +91 88504 51835.

Warmly,
Yanik

This is general information, not legal or financial advice. Please speak to a qualified lawyer about your own agreement before acting.

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