In a recent ruling, the Bombay High Court, presided over by Chief Justice Alok Aradhe and Justice Sandeep V. Marne, dismissed petitions from Colaba residents opposing the construction of a Jetty facility in South Mumbai. This facility is located adjacent to the landmark Taj Mahal Palace Hotel and close to the Gateway of India.

The court upheld the Maharashtra Government's decision, as well as that of the State's Maritime Board, stating, "Having considered the material on record, the expert opinion, statutory clearances etc., we uphold the validity of the decision to construct the project. The main purpose of this project is to provide services to the passengers...Other facilities like eateries etc are only ancillary."

The judges also emphasized that the Jetty site should solely serve the needs of passengers rather than act as a venue for entertainment. They instructed State authorities to ensure that the proposed restaurant services near the site are not utilized for dining purposes.

Facts

The legal dispute emerged from petitions filed by the ‘ Clean and Heritage Colaba Residents Association (CHCRA)’, representing approximately 400 local residents, along with another plea submitted by Laura D'Souza. These petitions contended that the proposed construction, situated 280 meters from the Gateway of India and near the Radio Club, is not only illegal but also detrimental to the heritage of the area. It was claimed that the project entails the creation of a Terminal Platform for parking 150 vehicles, VIP lounges, waiting areas, and other facilities.

Moreover, the petitioners highlighted concerns regarding the Jetty and Terminal Facility's location on the seafront adjacent to the protected heritage site of the Gateway of India. They noted that access to the jetty would necessitate removal of part of the seafront promenade. The petitioners argued, "To preserve the character of this Heritage area, Building / apartment owners situated on/ along the waterfront have not been permitted to make even small changes to their frontages."

Conversely, the State, represented by Advocate General Dr. Birendra Saraf, maintained that the Jetty under discussion has been a critical need for Mumbai for the past 25 years. Dr. Saraf asserted that multiple studies have identified Colaba as the only feasible location for the new all-weather Jetty. He also pointed out that all relevant government departments have reviewed the plans and granted necessary approvals.

In addressing concerns regarding existing facilities, Dr. Saraf indicated that the five jetties currently at the Gateway of India are insufficient to handle the heavy commuter volume from nearby locations, exacerbating the need for this new Jetty. He noted that one existing Jetty is exclusively dedicated to the Bhabha Atomic Research Centre (BARC), intensifying pressure on the remaining facilities.

Dr. Saraf also clarified, citing expert reports from IIT-Bombay, that no rock blasting would be involved in the construction and that vibrations from hydraulic piling rigs would have no adverse impact on nearby sea-facing buildings.

The detailed order has yet to be released.

Case Detail: Clean and Heritage Colaba Residents Association vs. State of Maharashtra & Ors