Bombay HC Upholds Construction Of Colaba Passenger Jetty Project Near Gateway Of India, Calls It Sustainable Development

Bombay HC clears new Gateway of India jetty project, terms it a sustainable step forward | File Photo

Mumbai: The Bombay High Court on Tuesday upheld the Maharashtra government’s and the Maharashtra Maritime Board’s (MMB) decision to construct a new passenger jetty and terminal facilities in the sea near the Gateway of India, stating that “the pursuit of development is not an affront to the environment, when it walks the careful path of sustainability, guarded by regulations and reason”.

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne dismissed three writ petitions filed by residents’ associations and individuals from the Colaba and Cuffe Parade areas, who had raised environmental and heritage concerns over the proposed jetty, which is to come up near the Radio Club, approximately 280 metres from the Gateway of India.

Petitioners contended that the project would “cause excessive and needless harm to the pristine environment” and objected to clearances granted by various authorities including the Maharashtra Coastal Zone Management Authority (MCZMA), the Mumbai Traffic Police, the Heritage Conservation Committee (HCC), and the Municipal Corporation of Greater Mumbai.

The bench, however, noted that all statutory clearances were obtained and the project did not suffer from arbitrariness or irrationality. “Traversing the entire expanse of material on record, expert opinions, statutory clearances and upon weighing the scales between the progress and preservation… we uphold the validity of the decision of MMB and the State Government in constructing the project,” it said.

The project involves building an 80×80 metre terminal platform with parking for 150 vehicles, VIP waiting lounges, ticket counters, and administrative areas. A tennis racquet-shaped jetty, extending 570 metres into the sea and 203 metres wide, with 10 boarding platforms on the outer rim, will be built on stilts. The built-up area in the sea will span 25,116 sq. metres. An open-air amphitheatre is also shown in the plans.

Petitioners alleged that a portion of the sea-side wall of the Gateway’s promenade would be demolished to create access and that the site’s proximity to the Grade-I heritage monument posed a threat to its sanctity.

Rejecting these concerns, the court emphasised that MCZMA, a statutory expert body, had applied its mind and granted clearance after considering environmental issues. “In absence of any expertise at our command, we cannot sit as an appellate authority over the decision of an expert body like MCZMA,” the bench observed.

The bench also noted that after the new jetty becomes operational, the five antiquated jetties currently used at the Gateway of India, serving 30 to 35 lakh passengers annually, would be decommissioned in a phased manner as per Indian Navy directions.

Emphasising on the primary use of jetty, the HC 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 bench said it was “conscious of the fact that there is no sewage treatment plant envisaged in the project”. Observing that the “functioning of the facilities should not be detrimental to the environment”, the court issued several directions to the authorities.

It has directed the MMB to ensure that the amphitheatre is used as a sitting area by the passengers waiting to board the jetty and “shall not be used as a place of entertainment in any manner”. MMB has been directed to ensure that the proposed restaurant/ cafe “shall be used only to provide water and packed food products to the passengers and shall not be used for providing dining facility”.

“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 bench added.

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