Bombay HC Clears Gateway Jetty Project, Dismisses Petitions
By Manu Shrivastava
In a significant ruling that underscores judicial restraint in executive matters, the Bombay High Court has permitted the construction of the ₹229 crore passenger jetty project near the Gateway of India, rejecting multiple petitions filed by residents’ associations and individuals from Colaba and Cuffe Parade.
The Division Bench, comprising Chief Justice Alok Aradhe and Justice Sandeep Marne, dismissed allegations ranging from environmental damage to violations of heritage norms, observing that the petitioners had failed to produce credible, expert-backed evidence to support their claims.
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| The verdict comes as a blow to the petitioners, whose concerns the Court deemed either exaggerated or unsupported by tangible data |
The petitioners, led by the Clean and Heritage Colaba Residents Association, contended that the jetty, which includes passenger terminals, a lounge, and an amphitheatre, would compromise the sanctity of the iconic Gateway precinct, lead to congestion, and was sanctioned without proper public consultation.
However, the Court noted that all statutory clearances—including those from the Maharashtra Coastal Zone Management Authority and the Maharashtra Pollution Control Board—had been duly obtained.
The Bench was unequivocal in its view that the judiciary must exercise caution before interfering with executive infrastructure decisions, particularly when the decisions are backed by procedural compliance and aim to serve public interest.
The judges clarified that the proposed jetty is primarily a passenger transport facility and not a commercial entertainment zone, as projected by the petitioners. They permitted ancillary facilities like a café and amphitheatre but imposed strict conditions: no hot food or beverages may be served, the café is to offer only packed snacks or water, and the seating area is to be used solely by passengers awaiting ferries. The amphitheatre, too, cannot be used for performances or events and is to remain a basic holding area.
(Related article: Colaba Jetty Verdict Is A Testament to Judicial Restraint)
The Court remarked that infrastructure, when executed sustainably, need not necessarily be viewed as a threat to the environment or heritage. Dismissing calls for a stay or suspension of work, it observed that public infrastructure projects cannot be stalled merely on speculative fears.
The ruling effectively allows the Maharashtra Maritime Board and the State to proceed with the project as planned, with completion targeted within 30 months of the contract awarded in October 2024.
The verdict comes as a blow to the petitioners, whose concerns the Court deemed either exaggerated or unsupported by tangible data.
It reflects the High Court’s measured approach in balancing environmental and heritage concerns with urban development needs, and its unwillingness to step into matters that fall within the purview of executive planning and implementation, especially when no legal infirmities are apparent.
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