High Court gives a nod to passenger jetty near Gateway of India

The High Court on Tuesday, July 15, gave the green light to the construction of the proposed jetty and terminal between the Gateway of India and Radio Club.While upholding the state government's decision to build the jetty and terminal, the court has imposed certain conditions regarding the use of the amphitheater and cafeteria. It has also directed the government to strictly follow these conditions.

"After examining the information presented by the state government in support of the proposed project during the arguments, considering expert opinions on the subject, and reviewing the approvals granted to the project, we are granting our approval to it," stated the division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne while delivering the verdict on three separate public interest litigations opposing the jetty and terminal project. 

Citing concerns over the environmental impact of the jetty and terminal construction, traffic congestion in the surrounding area, and restricted public access to a heritage site, three petitions were filed opposing the project. These included one by the Clean and Heritage Colaba Residents Association, along with individual petitions by Laura D’Souza and Shabnam Minwalla, residents of Colaba and Cuffe Parade, respectively.However, the court dismissed all three petitions, deeming the government's decision appropriate and granting the project a green signal.

Court’s Observations:

The court noted that the primary purpose of the jetty is to facilitate boarding and disembarking of passengers, and that other proposed amenities are ancillary to that core function.

However, it directed that:

• The proposed amphitheater on the jetty should be used only by passengers, and not for public entertainment.

• The café should serve only water and ready-to-eat food for passengers, and should not include seating arrangements.
  
  

Furthermore, the court stated that once the new jetty becomes operational, the existing jetty should be phased out, in accordance with recommendations made by naval authorities.

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What petitioner had to say 

The project had been planned since 2014. However, it was announced last January. And the proposed plan documents were submitted in March. The petitioners also claimed that the foundation stone of the project was laid. The proposed jetty will be built adjacent to the historic Gateway of India. For this project, a portion of the 50-60 year old protective wall along the sea has been demolished. During the monsoon, large waves of the sea rise in this area. 

The petitioners expressed concern that demolishing the retaining wall just as the monsoon sets in could lead to serious consequences. They questioned the rationale behind the demolition, asking: Why is this protective wall being brought down in the first place? What is the necessity of removing it for the project?