The Supreme Court (SC) on Monday, September 01, rejected appeals against the construction of a passenger jetty and terminal facility near Mumbai’s Gateway of India. The court described the project as a “policy decision” made with all necessary approvals.
Laura D’Souza and the Clean Heritage Colaba Residents Association (CHCRA) had challenged a July Bombay High Court (HC) ruling that allowed the project. The Maharashtra Maritime Board (MMB) and the state government were represented by Solicitor General Tushar Mehta.
The judges stated, “After taking into account all pertinent criteria, responsible authorities have made the decision. When a policy choice is backed by statutory permissions, we cannot sit in appeal over it.”
With this ruling, the court ended the legal battle, allowing the project to proceed while adhering to high court protections.
The Bombay High Court, in its July 15 ruling, had supported the MMB’s decision while imposing conditions to protect the environment. The court noted that development is not against environmental interests when conducted under sustainability rules and regulations.
The jetty is planned on approximately 1.5 acres of reclaimed sea near the Radio Club in south Mumbai, just 280 metres from the Gateway of India. The design includes a tennis racquet-shaped pier on stilts, an amphitheatre, VIP lounges, waiting spaces, ticket desks, and parking for 150 vehicles.
Petitioners had argued that the location could harm the maritime environment, disrupt the Gateway area’s cultural aesthetics, and worsen traffic in ecologically sensitive CRZ-I and CRZ-IV zones. They also claimed that the additional facilities, including the food court, amphitheatre, and parking, were commercial in nature and beyond a functional jetty’s scope.
The high court confirmed that the project had legal backing, including approvals from the Heritage Conservation Committee and the Maharashtra Coastal Zone Management Authority (MCZMA).
The court placed specific restrictions on the use of these facilities. The amphitheatre is to serve as a waiting area rather than an entertainment venue. Dining services at the café and restaurant will be limited to boxed food and drinks.
The state and MMB stated that the project is necessary to meet the growing need for a modern and safe jetty. The existing facility near the Gateway is overcrowded, causing traffic congestion and safety concerns.