Bombay HC Upholds Passenger Jetty Project Near Gateway Of India, With Conditions

The Bombay High Court on Tuesday upheld the Maharashtra government’s decision to construct a passenger jetty and terminal near the Gateway of India, subject to conditions. 

Observation Made By The Bench

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne  said that after perusing entire Material placed on record by the state, expert opinions and clearances granted to the project, it  is upholding the state decision to construct the project. 

The court disposed of three petitions filed by the Clean and Heritage Colaba Residents Association (CHCRA); Laura D’Souza and two other residents of Colaba and Cuffe Parade; and Shabnam  Minwala. The petitioners opposed the project citing environmental concerns, traffic congestion, and restricted public access to a heritage site.

The proposed project is to be built approximately 280 metres from the Gateway of India, near the Radio Club. According to the petitioners, the design includes a large tennis-racquet-shaped jetty and terminal platform, comprising VIP lounges, waiting areas, ticket counters, administrative offices, and parking for 150 vehicles.

The court said that the dominant purpose of jetty  is for embarkation and disembarkation of passengers, and the other facilities are ancillary to the project.

The court has, however, emphasized  that the proposed amphitheater at the jetty should be used only for passengers of the jetty and not used for the entertainment purpose of others. Also, the cafe should  be used to serve water and food for the passengers of the jetty only, it added. 

Once the new jetty is made functional, the existing jetty be discontinued in a phased  manner as recommended by the naval authorities, the judges said. 

The petitions raised strong objections, pointing out that the site lies adjacent to the Gateway of India, a protected heritage monument. It alleged that part of the sea-side wall of the Gateway’s promenade will be demolished to create access to the terminal.

The petitioners further contend that no public consultation was held before project approval and questioned how the Mumbai Traffic Police granted a No Objection Certificate (NOC) in such a heavily congested area. They also challenged clearances granted by the Maharashtra Coastal Zone Management Authority (MCZMA), the Heritage Conservation Committee (NOC issued in February), and the traffic NOC dated January 28.

State Advocate General Birendra Saraf defended the project, calling it one of “vital public importance” and asserting that all required permissions were duly obtained. The Maharashtra Maritime Board (MMB) also backed the plan, calling it critical public infrastructure meant to ease congestion and improve safety.

The government informed the court that the contract was awarded on October 3, 2024, and a work order was issued on October 11. A third petition by another group of residents is likely to be heard later this month.