Supreme Court dismisses appeal against Jetty project near Gateway of India

The Supreme Court on Monday dismissed the appeal filed against the construction of a ₹229 crore passenger jetty and terminal near the Gateway of India in Mumbai [Clean and Heritage Colaba Residents Association vs. State of Maharashtra & Ors].

A Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran passed the order on an appeal filed by Clean and Heritage Colaba Residents Association against a July 15 order of the Bombay High Court which had given green signal for the jetty subject to certain conditions on what all facilities can be provided at or near the terminal.

The High Court had permitted the Jetty project to proceed but also issued the following directions:

- The Amphitheatre theatre proposed as part of the project shall be used only as a sitting facility and not for entertainment purposes;

- The cafe at the facility shall only serve water and packed food and shall not provide any dining facility;

- The existing Jetty should be discontinued in a phased manner.

The High Court had also flagged the lack of any sewage treatment facilities in the proposed project.

However, it had declined to halt the project and only called for a balanced and sustainable approach in its execution.

After weighing the scale between progress and preservation, it had concluded that the dominant purpose of the proposed jetty was the embarkation and disembarkation of the passengers and nothing else.

This led to the appeal before the Supreme Court.

During the hearing today, Senior Advocate CU Singh, appearing for the petitioner-association submitted that the moving the existing jetty 250 metres away as proposed will not serve the purpose of decongestion.

He said that the Maharashtra Coastal Zone Management Authority (MCZMA) had no authority to grant approval for the project.

"MCZMA had no authority to look at it. Even if they had to consider they should have the seen the reports," he argued.

He further contended that the State Environmental Impact Assessment Authority (SEIAA) was not consulted for the project.

"This is a massive project which is not suitable as per the area being built on. This will dwarf the entire area.. it is massive. The area is a heritage facing. You have a massive jetty in middle of port. Which is like an extension of the port. High Court says if jetty falls within port, it is not a standalone jetty. Does it have the carrying capacity? Has that been checked? It's silent. Their own traffic simulation study says after going into it threadbare. They said 75 percent of the persons who come to Goa on boats visits the gateway first.. So they first will come to gateway and then walk to jetty. Are you then seriously doing this for the 25 percent who will not visit the gateway," another counsel asked.

Solicitor General Tushar Mehta, appearing for the State of Maharashtra, said that the project will benefit the entire population of Mumbai.

"I am here for the entire Bombay population the other side is for few people who will be inconvenienced," the SG said.

"See you cannot look at it from the angle of only people who are staying in the Taj Mahal Hotel. Aamchi Mumbai does not stay near that area.. they are in Dombivali etc. This is a matter in policy domain," CJI Gavai told SG.

"How will the area look after the jetty comes? Any projection?" the Bench further queried.

The petitions before the High Court were filed by the Clean and Heritage Colaba Residents Association (CHCRA), along with three residents of Colaba and Cuffe Parade, including Laura D’Souza. The petitioners sought to quash the State government’s decision permitting the construction of the terminal.

Among the objections raised was that the project site lies adjacent to the Gateway of India, a protected heritage monument, and that a portion of the sea-facing wall along the Gateway promenade is proposed to be removed to provide access to the terminal.

According to the petitioners, the project's design includes a jetty and terminal platform shaped like a tennis racquet, comprising VIP lounges, waiting areas, ticketing counters, administrative spaces, and parking for 150 vehicles.

It was further contended that the approval process for the project was carried out without issuing any notice to local residents or holding a public consultation.

The petitioners argued that the Mumbai Traffic Police granted a No Objection Certificate (NOC) despite the area already experiencing chronic congestion and traffic jams. They also challenged approvals granted by the Maharashtra Coastal Zone Management Authority (MCZMA), the Heritage Conservation Committee and the Traffic Police.

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