Bombay High Court permits Jetty project near Gateway of India but...

The Bombay High Court on Tuesday gave the green signal for the construction of a ₹229 crore passenger jetty and terminal near the Gateway of India in Mumbai, albeit with conditions on what all facilities can be provided at or near the terminal [Clean and Heritage Colaba Residents Association vs. State of Maharashtra & Ors].

A Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne passed the ruling while disposing of two petitions challenging the proposed Jetty terminal.

The Court permitted the Jetty project to proceed but also issued the following directions:

- The Amphitheatre theatre proposed as part of the project shall be used only as a sitting facility and not for entertainment purposes;

- The cafe at the facility shall only serve water and packed food and shall not provide any dining facility;

- The existing Jetty should be discontinued in a phased manner.

The Court also flagged the lack of any sewage treatment facilities in the proposed project.

However, it declined to halt the project and only called for a balanced and sustainable approach in its execution.

"The pursuit of development is not an affront to the environment when it walks the path of sustainability," the Court said.

After weighing the scale between progress and preservation, it also concluded that the dominant purpose of the proposed jetty was the embarkation and disembarkation of the passengers and nothing else.

The petitions before the Court were filed by the Clean and Heritage Colaba Residents Association (CHCRA), along with three residents of Colaba and Cuffe Parade, including Laura D’Souza. The petitioners sought to quash the State government’s decision permitting the construction of the terminal.

Among the objections raised was that the project site lies adjacent to the Gateway of India, a protected heritage monument, and that a portion of the sea-facing wall along the Gateway promenade is proposed to be removed to provide access to the terminal.

According to the petitioners, the project's design includes a jetty and terminal platform shaped like a tennis racquet, comprising VIP lounges, waiting areas, ticketing counters, administrative spaces, and parking for 150 vehicles.

It was further contended that the approval process for the project was carried out without issuing any notice to local residents or holding a public consultation.

The petitioners argued that the Mumbai Traffic Police granted a No Objection Certificate (NOC) despite the area already experiencing chronic congestion and traffic jams. They also challenged approvals granted by the Maharashtra Coastal Zone Management Authority (MCZMA), the Heritage Conservation Committee and the Traffic Police.

Advocate General Birendra Saraf, appearing for the State defended the project as one of 'vital public importance'. He stated that all statutory approvals had been obtained in accordance with the law.

The Maharashtra Maritime Board also supported the project, terming it essential public infrastructure aimed at easing congestion and improving marine connectivity.

The government had earlier informed the Court that the contract for the project was awarded on October 3, 2024, and a work order was issued on October 11, 2024.