Bombay high court upholds Maharashtra government approval for Colaba jetty construction

MUMBAI: The Bombay High Court on Tuesday upheld the Maharashtra govt's decision to construct a passenger jetty and terminal facilities near Radio Club, Colaba."The pursuit of development is not an affront to the environment when it walks the careful path of sustainability guarded by regulations and reasons. After perusing the entire expanse of material on record, expert opinions, statutory clearances, and upon weighing the scales between progress and preservation, and taking into account the fact that the project stands fortified by statutory clearance, we uphold the validity of the decision of MMB (Maharashtra Maritime Board) and State govt in constructing the project..," said Chief Justice Alok Aradhe and Justice Sandeep Marne.

The judges gave their verdict on petitions by the Clean and Heritage Colaba Residents Association and other residents. On May 27, the Supreme Court refused to interfere with the HC's May 7 order that declined to stay the construction.The judges said they have assigned reasons for reaching a conclusion that the dominant purpose of the project is to provide facilities to passengers for embarkation and disembarkation. "The other facilities like the amphitheatre, restaurant, and cafe are only ancillary to the project.

Therefore, the same have to be used only to make the jetty functional," they added.The judges said they are also conscious of the fact that there is no sewage treatment plant envisaged in the project. Therefore, they deemed it appropriate to issue directions. The project proponent, i.e., MMB, shall ensure that the amphitheatre shall be used only 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. The MMB shall further ensure that the proposed restaurant/cafe shall only be used to provide water and packed food products to the passengers and shall not be used for providing dining facilities.The judges also directed that MMB shall also ensure that after completion of the project, the existing jetty at Gateway of India shall be discontinued in a phased manner as directed by the Indian Navy. Accordingly, they disposed of the petitions.The petitioners' basic argument was that the Gateway of India monument is a Grade I heritage structure, and the promenade comes within 100 metres of the precinct and has to be preserved. Senior Advocate Aspi Chinoy, for the Association, had explained the magnitude of the project that includes a 64,000 sq ft terminal with a cafe, shops, open amphitheatre, VIP lounge, and a tennis racket-shaped jetty extending over half a kilometre into the sea.

"When it comes into operation, it will completely dwarf the area and dominate the sea front. It is a heritage area, " said Chinoy. He argued that clearances given were without following due process and were per se illegal. The other petitioners complained that it will lead to excessive congestion in the already crowded area, block easy access to fire brigade and ambulances. NOCs, including by BMC, were subject to conditions, but public consultation was not held.Advocate General Birendra Saraf clarified that the jetty is meant not only for VIPs but will be available for the general public. He submitted that right next to the Gateway, daily thousands of people in "very risky situations" take a boat or ferry to Alibaug and Mandwa. They assemble and also eat there.