The Supreme Court dismissed a plea against the Rs 229 crore passenger jetty near Gateway of India, upholding the Bombay High Court’s nod with strict conditions. Petitioners had raised heritage and congestion concerns, but the Court favored public interest.
New Delhi: The Supreme Court of India on Monday dismissed a petition challenging the construction of a Rs 229 crore passenger jetty and terminal near the Gateway of India in Mumbai. The case was titled Clean and Heritage Colaba Residents Association vs. State of Maharashtra & Ors.
The matter was heard by a Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran. The appeal was filed by the Clean and Heritage Colaba Residents Association against a July 15 order of the Bombay High Court, which had already allowed the project but with certain restrictions on how the terminal could function.
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Earlier, the Bombay High Court had permitted the project to move forward but with conditions. It said that the amphitheatre proposed in the design could be used only for sitting and not for entertainment purposes.
The café at the site would only be allowed to serve water and packed food, and not any dining facility. The existing jetty, which is in use, should be shut down in a phased manner. The Court also noted the absence of a sewage treatment facility in the plan, but it refused to stop the project.
Instead, the High Court called for a balanced and sustainable approach, stating that the main purpose of the jetty was only for embarkation and disembarkation of passengers.
This order was challenged before the Supreme Court.
During the hearing, Senior Advocate CU Singh, appearing for the petitioner association, argued that shifting the existing jetty just 250 metres away would not solve the congestion problem.
He submitted,
“MCZMA had no authority to look at it. Even if they had to consider they should have the seen the reports.”
He also pointed out that the State Environmental Impact Assessment Authority (SEIAA) was never consulted in the matter.
The petitioners’ lawyers described the project as unsuitable for the heritage area and said it would completely change the character of the location. One of the counsels argued,
“This is a massive project which is not suitable as per the area being built on. This will dwarf the entire area.. it is massive. The area is a heritage facing. You have a massive jetty in middle of port. Which is like an extension of the port. High Court says if jetty falls within port, it is not a standalone jetty. Does it have the carrying capacity? Has that been checked? It’s silent. Their own traffic simulation study says after going into it threadbare. They said 75 percent of the persons who come to Goa on boats visits the gateway first.. So they first will come to gateway and then walk to jetty. Are you then seriously doing this for the 25 percent who will not visit the gateway.”
On behalf of the State of Maharashtra, Solicitor General Tushar Mehta supported the project and told the Court that it would serve the larger public interest.
He said,
“I am here for the entire Bombay population the other side is for few people who will be inconvenienced.”
At this point, the Chief Justice responded that the project could not be seen only from the perspective of residents near the Gateway of India.
CJI BR Gavai remarked,
“See you cannot look at it from the angle of only people who are staying in the Taj Mahal Hotel. Aamchi Mumbai does not stay near that area.. they are in Dombivali etc. This is a matter in policy domain.”
The Bench also asked,
“How will the area look after the jetty comes? Any projection?”
The petitions before the Bombay High Court had been filed by the Clean and Heritage Colaba Residents Association (CHCRA) along with three individual residents from Colaba and Cuffe Parade, including Laura D’Souza. They had asked for the State government’s approval of the terminal project to be struck down.
The petitioners argued that the project site was right next to the Gateway of India, which is a protected heritage monument. They said part of the sea-facing wall along the Gateway promenade would have to be removed to allow access to the new terminal.
The design of the project was also highlighted. According to them, the jetty and terminal would look like a tennis racquet, with facilities such as VIP lounges, waiting areas, ticket counters, administrative offices, and parking space for 150 vehicles.
It was further argued that the government had given approvals without any public notice or consultation with local residents.
The petitioners also pointed out that Mumbai Traffic Police gave a No Objection Certificate (NOC) despite the fact that the Gateway area is already one of the most congested zones of the city.
Other approvals that were questioned included those given by the Maharashtra Coastal Zone Management Authority (MCZMA), the Heritage Conservation Committee, and the Traffic Police.
Despite all these objections, both the Bombay High Court and now the Supreme Court have allowed the project to continue, though with limited facilities and subject to monitoring for sustainability.
Case Title:
Clean and Heritage Colaba Residents Association vs. State of Maharashtra & Ors.
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