No nod from Bombay HC for floating hotel, jetty near Nariman Point

The proposal sought a ‘no objection’ for anchoring a floating hotel off Raj Bhavan in the sea and construction of on-shore infrastructure including a floating jetty. The proposal envisaged a 12-storey luxury cruise liner in the sea.

The petitioner claimed that the proposed project already had NOCs (no objection certificates) from the Maharashtra Tourism Development Corporation (MTDC), the Western Naval Command, the Mumbai Metropolitan Regional Development Authority, the Coast Guard and the city police. In fact, the project was being done on a revenue sharing basis with MTDC.

The High Court referring to letters by the police, pointed out that it had raised objections to the project and the district collector had also asked the Revenue and Forest department’s principal secretary “to take an appropriate decision.”

“A letter in 2017, by the additional commissioner of police to the government, records that security arrangements should be made at the floating hotel and jetty area,” pointed out the Bench.

“Letters written by the Western Naval Command and the Coast Guard on the issue were misconstrued by the company as NOCs, and it is apparent that both letters refer to security audit,” said the court.

“The Western Naval Command had never granted NOC for erection of the floating hotel. All that their letter records is that the tourism department should apply its mind before progressing besides ensuring proper security. The letter nowhere grants permission for the project,” Justice A S Oka said.

Referring to a committee of high-ranking officers set up after high court orders to look into any application or proposal of any activity at Marine Drive, the court said it shall be considered by the committee. The court held that the MDTC was aware of the existence of such a committee. “The corporation is bound by the recommendations of the committee of high-ranking officials. Even independently, the corporation refused to grant permission for the floating hotel and jetty,” said the court.

The court-appointed three-member committee – which comprised Mumbai Police Commissioner, BMC commissioner and chairperson of the Mumbai Heritage Conservation Committee – had rejected the proposal in May 2017.

“The petitioner contends that it has a profit sharing agreement with MTDC, and this becomes more relevant…. this stand needs to be seriously viewed by the government,” added the court. Justice Oka further held that while the floating jetty is shown to be temporary, it was not the case from the material on record.

The court held that it saw no reason to interfere with the committee’s decision. The committee had said that such a project would impede normal activities of recreation and enjoyment at the Marine Drive Promenade. Moreover, the project would lead to issues of traffic, crowd management and parking.