‘Pursuit of development not affront to environment’: Bombay HC upholds decision to construct passenger jetty near Gateway of India

“After perusing the entire expanse of material on record, expert opinions, statutory clearances and upon weighing the scales between the progress and preservation and taking into account the fact that project stands fortified by statutory clearance, we uphold the validity of the decision of MMB and the state government in constructing the project near the Radio Club,” the high court held.

The bench also held that the “dominant purpose of the project is to provide facilities to the passenger for embarkation and disembarkation. The other facilities like amphitheatre, restaurant, cafe are only ancillary to the project. Therefore, the same have to be used only to make the jetty functional,” the high court held.

The bench also said that it was “conscious of the fact that there is no sewage treatment plant envisaged in the project”.

Noting that “functioning of facilities should not be detrimental to the environment”, the high court issued directions to authorities. It directed the MMB to ensure that the amphitheatre was used only as a sitting area by the passengers waiting to board the jetty and not as a place of entertainment in any manner.

The board was further asked to ensure that the proposed restaurant or cafe shall only be used to provide water and packaged food products to the passengers and not for providing dining facilities.

“The MMB shall also ensure that after completion of the project at Gateway of India, the existing jetty shall be discontinued in a phased manner as directed by the Indian Navy,” the high court noted.

A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne disposed of pleas by Clean and Heritage Colaba Residents Association, representing nearly 400 residents, one Laura D’Souza, and a plea by author Shabnam Minwalla.

The petitioners, through senior advocates Aspi Chinoy, Sunip Sen and Shiraz Rustomjee, along with advocates Prerak Chaudhary and Anita Castellino, opposed the order of the Maharashtra Coastal Zone Management Authority (MCZMA) dated March 2, 2023, that gave clearance to the project and a no-objection certificate (NOC) issued by the Heritage Conservation Committee for the same on February 7 this year. The pleas also challenged the validity of the Brihanmumbai Municipal Corporation’s (BMC’s) NOC granted on January 28 this year. The lawyers claimed the “illegal and arbitrary” approvals were granted without following due process of law, and the decision was destructive to the heritage area.

On May 27, the Supreme Court bench led by Chief Justice of India B R Gavai had refused to entertain the plea seeking a stay on the construction of the passenger jetty and the terminal. The Supreme Court had requested the high court to decide the matter as expeditiously as possible, preferably prior to the end of the monsoon this year.

On the other hand, Advocate General Birendra Saraf for the Maharashtra government argued that the project was of vital public importance to ease congestion and improve safety and approvals were availed after complying with due process.

Chief Justice Aradhe for the bench noted that the project was a “standalone jetty” for passenger use, with no cargo or fish handling, and said MCZMA’s clearance was “legal”. Terming the location for the project near Radio Club “well considered,” it said considering alternative sites, including Ferry Wharf, was not mandatory and the decision did not violate fundamental rights. It held heritage and traffic NOCs granted for the project “valid”.

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