
Bombay High Court upholds Gateway jetty project, dismisses petitions citing environmental concerns
Dismissing the petitions, a Division Bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne ruled that the project was lawfully cleared by the Maharashtra Coastal Zone Management Authority (MCZMA) under the 2019 CRZ notification.
'The pursuit of development is not an affront to the environment when it walks the careful path of sustainability, guarded by regulations and reason. After traversing the entire expanse of material on record, expert opinions, statutory clearances and upon weighing the scales between the progress and preservation and taking into account the fact that the project stands fortified by statutory clearance, we uphold the validity of the decision of MMB and the State Government in constructing the project i.e. 'Passenger Jetty and Terminal Facilities' in sea face/promenade abutting the Gateway of India near the Radio Club,' the court observed.
The Bench further said that they have already assigned reasons in the preceding paragraphs to record a conclusion that the dominant purpose of the project is to provide facilities to the passengers for embarkation and disembarkation.
The other facilities like amphitheatre and restaurant/cafe are only ancillary to the project. Therefore, the same has to be used only to make passenger jetty functional, the Bench said.
'We are also conscious of the fact that there is no sewage treatment plant envisaged in the project. The functioning of the facilities should not be detrimental to the environment,' the Bench observed and issued directions:
The project proponent i.e. MMB shall ensure that the amphitheatre shall only be used as a sitting area by the passengers waiting to board the jetty and shall not be used as a place of entertainment in any manner.
The MMB shall further ensure that the proposed restaurant/cafe shall be used only to provide water and packed food products to the passengers and shall not be used for providing a dining facility.
The MMB shall also ensure that after completion of the project at the Gateway of India, the existing jetties shall be discontinued in a phased manner, as directed by the Indian Navy, the Bench said and disposed of the petitions.
The verdict came in response to three writ petitions filed by the Clean and Heritage Colaba Residents Association, Dr. Laura D'Souza and others, and Shabnam Minwalla and others, who raised strong objections against the project on environmental, heritage, and procedural grounds.
The proposed project involves the construction of a terminal platform of 80x80 metres with facilities such as a VIP lounge, food court, cafe, and a parking space for 150 cars. A 'tennis racquet-shaped' jetty extending 570 metres into the sea and a width of 203 metres with 10 boarding platforms, as well as an open-air amphitheatre on stilts, forms the core of the design. The total built-up area is over 25,116 sq. metres.
Petitioners claimed the project falls in the ecologically sensitive CRZ-I and CRZ-IV zones and would adversely impact the environment, marine ecology, and heritage aesthetics of the area.
The petitioners sought to quash and set aside the March 2, 2023, order passed by the MCZMA granting clearance to the project. They also sought to quash and set aside the January 28, 2025, 'No Objection Certificate' by the Mumbai Traffic Police and a February 7, 2025, 'No Objection Certificate' issued by the Heritage Conservation Committee (HCC) and Municipal Corporation of Greater Mumbai (MCGM), to the project.
Senior advocates Aspi Chinoy, Sunip Sen, and Shiraz Rustomjee, representing the petitioners, argued that the project was wrongly classified as a 'standalone jetty' to bypass environmental scrutiny. They contended that in a September 2000 interim report submitted by Consulting Engineers, it was found that Off Arthur Bunder Road, South of Sassoon Dock, Nariman Point, Cuffee Parade and Trombay were not suitable and feasible and recommended the location of the proposed project at Ferry Wharf as a more appropriate location, however, the MMB disagreed with the findings of the report and said the Consulting Engineers lack professional approach. The State government too did not agree to the report, and on November 9, 2001, it said that the terminal at the Gateway of India is still needed and the project cannot be set up at Ferry Wharf alone.
The petitioners argued, 'The decision of the State Government and the MMB to construct the project is ex-facie irrational, arbitrary and violative of rights of the members of the petitioner association, which are guaranteed to them under Article 14 and 21 of the Constitution of India. It is further submitted that the project in question will excessively and needlessly affect the environment.'
'The project has a built-up area of 25116 sq. metres and will envelope a sea area of approximately 15 acres. It is urged that the aforesaid project is located in ecologically sensitive CRZ-I and CRZ-IV areas and therefore, it casts a heavy onus on the State Government and the MMB to justify the location of the project and the public interest involved therein. It is argued that the proposed design envelopes 12 acres of sea area with no additional facilities on the inner side of the proposed Jetty,' the petition read.
The petitioners contended that the Consulting Engineers had conducted a detailed study at the instance of MPT and the State Government concluded that the ferry wharf site is a suitable location for the construction of a passenger jetty. 'Without conducting any further expert study/report, the MMB has proceeded to locate the project in the sea off the road near Radio Club,' the petitioners argued.
Advocate General Birendra Saraf for MMB submitted that the petitioners are neither aggrieved by the location of the project nor by the concept of the project. 'The project seeks to address an urgent need for a safe, modern and properly equipped jetty facility for improving connectivity between the mainland and other areas, including Navi Mumbai, Mandwa (Alibaug) and Elephanta Island, etc. and to decongest the passenger and road traffic right next to the iconic Gateway of India monument.'
Mr. Saraf further argued that there are five operational antiquated jetties which have been in use for almost a century and approximately 30 to 35 lakh passengers travel every year through the aforesaid jetties. 'The existing facilities are unable to handle the passenger traffic and provide proper berthing for ferries and yachts.'

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)

Business Standard
an hour ago
- Business Standard
Maharashtra-Sabarmati bullet train corridor to be ready by 2029: Govt
Work in the Gujarat portion of the bullet train corridor between Vapi and Sabarmati is planned to be completed by December 2027 and the entire project from Maharashtra to the Sabarmati section is expected to be over by December 2029, Lok Sabha was informed on Wednesday. Providing an update on the country's most ambitious project after some members asked questions regarding the status of its construction, Railway Minister Ashwini Vaishnaw said the Mumbai-Ahmedabad High Speed Rail (MAHSR) Project (508 km) is under execution with technical and financial assistance from Japan. It is passing through Gujarat, Maharashtra and Dadra & Nagar Haveli with 12 stations planned at Mumbai, Thane, Virar, Boisar, Vapi, Billimora, Surat, Bharuch, Vadodara, Anand, Ahmedabad and Sabarmati, he added. "The Gujarat portion of the corridor between Vapi and Sabarmati is planned to be completed by Dec, 2027. The entire project (Maharashtra to Sabarmati section) is expected to be completed by Dec, 2029," Vaishnaw said in a written reply. He maintained that as it is a very complex and technology intensive project, its exact competition timelines can be reasonably ascertained after the completion of all associated works of civil structures, track, electrical, signaling and telecommunication and supply of trainsets. The minister said the total estimated cost of the project is approximately ₹1,08,000 crore, out of which Japan International Cooperation Agency (JICA) is funding 81 per cent i.e. ₹88,000 crore and the balance 19 per cent i.e. ₹20,000 crore will be funded through equity contributions from the Ministry of Railways (50 per cent) and governments of Maharashtra (25 per cent) and Gujarat (25 per cent). A cumulative financial expenditure of ₹78,839 crore has been incurred on the project till June 30, he said. "The delay in land acquisition in Maharashtra has impacted the project till 2021. However, currently, entire land (1389.5 Ha.) for MAHSR project has been acquired," he added. The minister stated that the final location survey and geotechnical investigation have been completed and alignment finalized along with obtaining all statutory clearances relating to wildlife, Coastal Regulation Zone (CRZ) and forest clearance. Updating on the ongoing construction work, he said all the civil contracts of the project have been awarded. "Out of a total 28 tender packages, 24 tender packages have been awarded. Till now, 392 km of pier construction, 329 km of girder casting and 308 km of girder launching have been completed. The work of the under-sea tunnel (21 km approx.) has also started," Vaishnaw said. He added, "In order to expand the HSR network in India beyond MAHSR corridor and to meet the growing passenger demand between major cities of commercial/economic and tourist importance, detailed project report (DPRs) are being prepared by National High Speed Rail Corporation Limited (NHSRCL)." According to the railway minister, HSR projects are highly capital-intensive and any decision for taking up new project is based on many factors such as technical feasibility, financial and economic viability, traffic demand and availability of funds and financing options etc. "Commercial operation of MAHSR project involves an affordable fare-structure for the services taking into account the socio-economic conditions of the clientele for optimum patronage of the HSR sectors," Vaishnaw said.


Time of India
6 hours ago
- Time of India
Bullet train project expected to be ready by 2029: Vaishnaw
Advt Advt By , ETInfra Mumbai-Ahmedabad High-Speed Rail (MAHSR) project, also known as the bullet train, is making significant progress, with the Gujarat portion between Vapi and Sabarmati slated for completion by December entire 508-km corridor, connecting Maharashtra to Sabarmati, is expected to be operational by December 2029, Railway Minister Ashwini Vaishnaw informed the Lok Sabha on MAHSR project, receiving technical and financial assistance from Japan, traverses Gujarat, Maharashtra, and Dadra & Nagar Haveli. It will feature 12 stations: Mumbai, Thane, Virar, Boisar, Vapi, Billimora, Surat, Bharuch, Vadodara, Anand, Ahmedabad, and Vaishnaw highlighted the complexity and technology-intensive nature of the project. "Precise completion timelines would be more accurately determined after all associated works, including civil structures, track laying, electrical systems, signaling, telecommunications, and trainset supplies, are finalised," he total estimated cost of the project stands at approximately ₹1,08,000 crore. Of this, the Japan International Cooperation Agency (JICA) is funding 81 per cent (₹88,000 crore), with the remaining 19 per cent (₹ 20,000 crore) covered by equity contributions from the Ministry of Railways (50 per cent), the Maharashtra government (25 per cent), and the Gujarat government (25 per cent). As of June 30, a cumulative financial expenditure of ₹78,839 crore has been minister acknowledged that initial delays in land acquisition in Maharashtra had impacted the project until he confirmed that the entire 1389.5 hectares required for the MAHSR project have now been strides have been made in the preparatory and construction phases. The final location survey and geotechnical investigation are complete, and the alignment has been necessary statutory clearances, including those related to wildlife, Coastal Regulation Zone (CRZ), and forest, have also been on the ongoing construction, Vaishnaw stated that all civil contracts for the project have been awarded, with 24 out of 28 tender packages successfully granted. Physical progress includes the completion of 392 km of pier construction, 329 km of girder casting, and 308 km of girder work has also commenced on the challenging 21 km under-sea beyond the current project, the minister highlighted the National High Speed Rail Corporation Limited (NHSRCL)'s efforts in preparing Detailed Project Reports (DPRs) to expand India's HSR network to other major noted that new HSR projects are highly capital-intensive and decisions for their undertaking are based on various factors, including technical feasibility, financial and economic viability, traffic demand, and availability of funds and financing the commercial operation of the MAHSR project, Vaishnaw stated that an affordable fare structure would be implemented, considering the socio-economic conditions of the clientele to ensure optimal patronage of the high-speed rail services.


The Hindu
8 hours ago
- The Hindu
Entire bullet train project from Maharashtra to Sabarmati expected to be ready by 2029: Vaishnaw
Work in the Gujarat portion of the bullet train corridor between Vapi and Sabarmati is planned to be completed by December 2027, and the entire project from Maharashtra to the Sabarmati section is expected to be over by December 2029, Lok Sabha was informed on Wednesday (July 23, 2025). Providing an update on the country's most ambitious project after some members asked questions regarding the status of its construction, Railway Minister Ashwini Vaishnaw said the Mumbai-Ahmedabad High Speed Rail (MAHSR) Project (508 km) is under execution with technical and financial assistance from Japan. 'It is passing through Gujarat, Maharashtra and Dadra & Nagar Haveli with 12 stations planned at Mumbai, Thane, Virar, Boisar, Vapi, Billimora, Surat, Bharuch, Vadodara, Anand, Ahmedabad and Sabarmati,' he added. 'The Gujarat portion of the corridor between Vapi and Sabarmati is planned to be completed by December 2027. The entire project (Maharashtra to Sabarmati section) is expected to be completed by December 2029,' Mr. Vaishnaw said in a written reply. He maintained that as it is a very complex and technology intensive project, its exact competition timelines can be reasonably ascertained after the completion of all associated works of civil structures, track, electrical, signalling and telecommunication and supply of trainsets. The minister said the total estimated cost of the project is approximately ₹1,08,000 crore, out of which Japan International Cooperation Agency (JICA) is funding 81% i.e. ₹88,000 crore and the balance 19% i.e. ₹20,000 crore will be funded through equity contributions from the Ministry of Railways (50%) and governments of Maharashtra (25%) and Gujarat (25%). 'A cumulative financial expenditure of ₹78,839 crore has been incurred on the project till June 30,' he said. 'The delay in land acquisition in Maharashtra has impacted the project till 2021. However, currently, entire land (1389.5 Ha.) for MAHSR project has been acquired,' he added. The minister stated that the final location survey and geotechnical investigation have been completed, and alignment finalised along with obtaining all statutory clearances relating to wildlife, Coastal Regulation Zone (CRZ) and forest clearance. Updating on the ongoing construction work, he said all the civil contracts of the project have been awarded. 'Out of a total 28 tender packages, 24 tender packages have been awarded. Till now, 392 km of pier construction, 329 km of girder casting and 308 km of girder launching have been completed. The work of the under-sea tunnel (21 km approx.) has also started,' Mr. Vaishnaw said. 'In order to expand the HSR network in India beyond MAHSR corridor and to meet the growing passenger demand between major cities of commercial/economic and tourist importance, detailed project report (DPRs) is being prepared by National High Speed Rail Corporation Limited (NHSRCL),' he added. According to the Railway Minister, HSR projects are highly capital-intensive and any decision for taking up new project is based on many factors such as technical feasibility, financial and economic viability, traffic demand and availability of funds and financing options etc. 'Commercial operation of the MAHSR project involves an affordable fare structure for the services, taking into account the socio-economic conditions of the clientele for optimum patronage of the HSR sectors,' Mr. Vaishnaw said.