Mumbai: The Bombay High Court on Wednesday refused to stay ongoing construction work related to the proposed passenger jetty and terminal facilities near the Gateway of India, observing that “the project is in public interest”.
A division bench of Chief Justice Alok Aradhe and Justice M S Karnik was hearing an interim application filed by the Clean and Heritage Colaba Residents Association (CHCRA), which alleged that the authorities had breached an earlier assurance by beginning piling work at the site despite promising not to demolish the sea-facing wall until June 20.
On May 2, the state had assured the court that the wall near the Gateway of India, marked for demolition as part of a passenger jetty project, will not be broken before June 20. However, the CHCRA, represented by advocate Prerak Chaudhary, submitted that on May 3, piling equipment and materials were brought back to the site. The association argued that “the process of fixing concrete piles into the seabed involves heavy drilling and hammering, which can cause structural damage to the sea wall and nearby heritage buildings.”
During the hearing on Wednesday, CHCRA’s counsel Aspi Chenoy submitted that once installed, the piles would be “nearly impossible to remove,” effectively turning the project into a fait accompli before the matter is fully adjudicated.
Advocate General Birendra Saraf, appearing for the state, told the court that the process for awarding the project began in July 2024, when a notice inviting bids was issued. “Petitioners were always aware that the project entails piling work. They had, in fact, agreed that work could begin from the sea side and had raised no objection earlier,” he argued.
The state submitted that the contract was awarded on October 3, 2024, and the work order was issued on October 11, 2024. “There is no change in circumstances since the last order (May 2). The petitioners are now seeking to halt the piling, which is an essential part of the project. This application is an afterthought and amounts to an abuse of the process,” Saraf said, adding that the project is to be completed in 30 months and is of vital public importance.
The court, while refusing to interfere at this stage, clarified that the work will continue subject to the final outcome of the petition. “At this point, we are not inclined to stay the work. This is a public project,” the bench said in its order, adding that it has proceeded through due administrative approvals. The HC will hear CHCRA’s PIL on June 16.
Meanwhile, a second PIL regarding the same project — filed by three residents from Colaba and Cuffe Parade, representing over 150 individuals and businesses — came up for hearing.
The bench questioned the maintainability of multiple petitions on the same issue. “Why multiple petitions on the same issue? We have taken note of the issue. Why should we entertain (another PIL)?” Chief Justice Aradhe asked. Noting that the petitioners are aggrieved persons, the court suggested converting the PIL into a regular petition. The matter will be heard again on May 8.
