Bombay High Court dismisses PIL against construction of jetty near Murud-Janjira Fort at Raigad

The Bombay High Court today dismissed a public interest litigation (PIL) petition challenging the construction of a jetty near the coastal fort of Murud-Janjira located on an island off the Arabian Sea coast in the Raigad district of Maharashtra. [Mahesh Mohite v. State of Maharashtra & Ors].The PIL filed by social activist and local politician Mahesh Mohite claimed the island fort was a historical monument protected by the Archaeological Survey of India (ASI). He added that the construction of a jetty near the coast could harm the natural fauna and flora in the adjacent regions, disturbing the life of local fishermen whose livelihood depended on fishing in the waters near the fort. .A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor noted that neither was the petition filed by a fishermen's society nor was the ASI made a party respondent. "The petition could have been filed by fishermen. Why should we entertain the petition of a politician? Let the society file a petition. Where is the resolution of society?" the Court asked..The bench also remarked that the petitioner cannot treat the Court as a political platform or use legal proceedings for political purposes. “We are not providing a field to play politics. Why has society not filed a petition? We don’t appreciate this. You are not an office bearer or member,” the bench added..The Court proceeded to dismiss the PIL but granted liberty to fishermen affected by the jetty construction to seek appropriate remedies under the law. “The fishermen who are said to be affected have already formed a cooperative society for their welfare. If they were to be affected then it was for society to take up the matter to all forums including authorities and if advised to recourse of action available under law. The petitioner is not even a member of society. Before approaching Court, he has not made a single representation, including (to) ASI whose regulations are said to be violated. In the aforesaid circumstance, we decline to entertain the petition. It is dismissed," the Court ordered..In his PIL petition, Mohite had submitted that the Maharashtra Maritime Board awarded a tender for the construction of the jetty to a private company and that the jetty was intended to be built at the entrance of the Murud-Janjira fort. The plea further highlighted that such construction was illegal according to a notification issued by the Maharashtra government in 1982, which prohibited temporary or permanent structures in the vicinity of monuments. He also brought to the Court's notice the various letters in which the fishermen community had raised concerns with authorities. However, they had not received any responses, Mohite said. They had, therefore, written to Mohite to look into this issue. After this, Mohite approached the High Court. .Mohite's petition prayed for orders to stop the construction of the jetty with immediate effect. He also prayed for the rehabilitation of fishermen and affected locals and their inclusion in jobs such as the operation of ferries for tourists near the fort.