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SC clears decks for passenger jetty near Gateway of India, refuses to intervene in Bombay HC verdict
The petitioners opposing the jetty project near the Gateway of India had argued that ‘illegal and arbitrary’ approvals were granted, and that it was destructive to the heritage area.
The HC noted that the said amount be adjusted from an earlier deposit of Rs. 1 lakh made by the petitioner in the court to prove his bonafide and it be paid to Maharashtra State Legal Services Authority (MSLSA).
The Supreme Court on Monday cleared the decks for the construction of a “passenger jetty and terminal facilities” in the sea near the Gateway of India and dismissed pleas challenging the Bombay High Court verdict that upheld the decision to build the jetty project.
A bench of Chief Justice of India (CJI) Bhushan R Gavai and Justice K Vinod Chandran passed an order on special leave petitions (SLPs) filed by one Laura D’Souza and others challenging the July 15 Bombay High Court judgment. The Supreme Court said that the decision to construct the jetty was taken by the competent authorities after due consideration of relevant factors, and it was a policy decision supported by statutory clearances.
“We are not inclined to interfere with the impugned judgement and orders passed by the High Court. The SLPs are thus dismissed,” the Supreme Court bench held.
The project in the sea, measuring 1.5 acres, will be approximately 280 metres from the Gateway of India, located near the Radio Club in south Mumbai. As per the petitioners, the project plan involved the 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.
On July 15, a bench of then Chief Justice Alok Aradhe (now a Supreme Court judge) and Justice Sandeep V Marne of Bombay High Court, in a relief to the state government and the Maharashtra Maritime Board (MMB), had upheld the decision to construct the said jetty. The HC had observed that “the pursuit of development is not an affront to the environment when it walks the careful path of sustainability guided by regulations and reasons”. It had asked the authorities to ensure that the functioning of facilities at the proposed jetty was not detrimental to the environment.
The Justice Aradhe-led bench had also noted that “dominant purpose of the project” was to “provide facilities to the passenger for embarkation and disembarkation” and other facilities like amphitheatre, restaurant, cafe were “only ancillary to the project”, therefore, “the same have to be used only to make the jetty functional”.
In May this year, a CJI Gavai-led bench of the Supreme Court had refused to entertain a plea for a stay on the construction of the project and had directed the high court to decide the matter expeditiously.
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The petitioners had opposed the granting of clearance to the project by various authorities and argued that “illegal and arbitrary” approvals were granted without following due process of law, and the decision was destructive to the heritage area.
The state government, on the other hand, argued that the clearances were availed after abiding by due process in law, and the project was of vital public importance so that congestion near the Gateway of India would be eased and would improve the safety of the passengers.
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