Seaside wall near Gateway Of India not to be broken for passenger jetty before June 20: Govt to HC

A bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik was hearing a writ plea by Clean and Heritage Colaba Residents Association, representing nearly 400 residents, challenging the decision of the Maharashtra Maritime Board (MMB) and the state government in favour of “passenger jetty and construction facilities” in the sea (on piles/stilts) from a promenade 280 metres from the Gateway of India located near the Radio Club.

The petitioner association challenged the order of Maharashtra Coastal Zone Management Authority (MCZMA) giving clearance to the project and a no-objection certificate (NOC) issued by the Heritage Conservation Committee for the same.The plea also assailed validity of the NOC of January this year given by the Brihanmumbai Municipal Corporation (BMC).

Senior advocate Aspi Chinoy and advocate Prerak Choudhary argued that the clearances and NOCs issued by authorities without following due process under the law are ex-facie illegal, arbitrary and destructive of the heritage area. It said the jetty will be on the seafront, adjacent to the Gateway of India, which is a protected heritage site and for access to the jetty, a part of the old sea side wall on the promenade/sidewalk is proposed to be removed.

The petitioner association said the project plan involves parking of 150 cars, VIP lounges/ waiting areas, amphitheatre and ticket counters/ administrative areas along with a huge tennis racquet shaped jetty on stilts in the sea approximately measuring 1.5 acres.

“There is an old wall that runs around the border of the sea from the Gateway to Radio club. If the wall is broken, the water will gush in. They have put barricades for people not to use footpaths on Gateway promenade.Why are they breaking walls now? It is like telling citizens we do not care what the consequences will be,” Chinoy argued.

He urged that demolition of the said wall would be irreversible and therefore the same should not be done till further hearing on merits of the case.

AG Saraf said that the project is proposed as on date, every boat to Mandwa-Alibaug or other places plies right next to Gateway and thousands of people are getting down from those boats, causing a risky situation. Saraf said the project also consisted of providing other amenities to passengers so that they can conveniently travel and the project instead will add to the beauty of the heritage site.

After Saraf said that part of the seaside wall is proposed to be demolished for the project, the bench orally questioned, “Are you serious about going ahead with work since the monsoon is approaching? For piling, do you need to demolish the wall?”
Saraf, on instructions from officials, submitted that the concerned wall is not slated to be broken before June 20.

The court recorded his statement and issued notice to respondent authorities seeking affidavits in reply to the plea by June 7, followed by a rejoinder of the petitioner by June 12. The high court will hear the matter on June 16.