
Jetty at Colaba also for general public, says Maharashtra govt in HC
Mumbai: The state govt on Thursday informed the
Bombay high court
that the passenger jetty at Colaba is meant not only for VIPs but also for the general public. "This is not only for VIPs but will be available for everyone," advocate general Birendra Saraf told Chief Justice Alok Aradhe and Justice Makarand Karnik, who again declined to stay the construction work of the jetty and terminal facilities.
On Wednesday, in response to a petition by the Clean and Heritage Colaba Residents Association, the HC had refused to halt the construction.The HC was hearing a second petition by three residents. Their advocate, Anita Castelino, argued that the Gateway of India monument itself is a Grade 1
heritage structure
, and the promenade comes within 100 metres of its precinct and must be preserved. She said there is a single road that gets "jammed" on any day, especially on holidays.
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"By building the jetty, it will completely block the area. Fire brigade and ambulances have difficulty entering there," she said. Further, NOCs, including by the BMC, were subject to conditions, but public consultation was not held.The judges said on Wednesday that they passed an interim order considering "the public interest involved, the balance of convenience, and financial impact if the project is delayed".
Also, as per the schedule, work is to be completed in 30 months and "it will be subject to the outcome of the petition". "Why should we take a different view?" the CJ asked, adding that the issue regarding the validity of the project and construction is pending consideration on merits.Castelino referred to a news report that the state ports minister announced that it is a VIP jetty. However, the judges cited the Supreme Court decision that a news item is "hearsay evidence, inadmissible". The judges informed Saraf about the "specific averment" in the petition that "it is only for VIPs, cricketers"."You will have to explain. Otherwise, we will take a very dim view… Today we won't stall it only because it is a public project," said Justice Karnik. Saraf then clarified, "it is not for VIPs alone...".Castelino urged that until the June 16 hearing, piling should not start. However, the judges said observations in a Supreme Court judgment that laid the test for granting a stay in relation to a public project "stares at us". Castelino said the jetty will affect residents and create tremendous nuisance. She referred to a feasibility report on the option of Bhaucha Dhakka, also called Ferry Wharf. She mentioned that even ferry operators were not consulted. For reasons assigned in Wednesday's order, the judges declined interim relief.
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