HC clears Colaba jetty after weighing balance between progress and preservation
"The pursuit of development is not an affront to the environment when it walks the careful path of sustainability guarded by regulations and reasons," said Chief Justice Alok Aradhe and Justice Sandeep Marne.
They gave the ruling after considering the material on record, expert opinions, statutory clearances, weighed the scales between progress and preservation and took into account the fact that the project stands fortified by statutory clearance.
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The verdict came on three petitions, including by Clean and Heritage Colaba Residents Association, challenging the decision of the state govt and the MMB to construct the jetty, as well as the Maharashtra Coastal Zone Management Authority clearance and traffic and heritage NOCs given to the project.
The petitioners argued that the Gateway of India monument is a Grade I heritage structure, and the promenade comes within 100 metres of the precinct.
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They said the magnitude of the project includes a 64,000 sq ft terminal with a cafe, shops, open amphitheatre and VIP lounge and a tennis racket shaped jetty that will extend over half a kilometre into the sea. When operational, it would dwarf the area and dominate the sea-front.
It will congest the already crowded area.
The judges noted that the Mumbai Heritage Conservation Committee recorded that the jetty "would not obstruct the view of the surrounding heritage structures".
There is no "infirmity" in the heritage NOC. Traffic police NOC was valid as it considered the jetty's parking facility will decongest P J Ramchandani Road.
The judges said the project meets the principle of sustainable development where the proposed development is carried out with minimal damage to the environment. It envisages construction "involving virtually no reclamation of the sea".
The MCZMA applied its mind to all environment concerns before giving clearances.
The petitioners said a 2000 report that recommended Ferry Wharf for passenger jetty was not disclosed. The judges said the purpose then was to connect Mumbai to Navi Mumbai. The present jetty is to decongest the existing 5 small jetties used by around 35 lakh passengers. MCZMA was not supposed to consider an alternative site.
They said the project's dominant purpose is to provide facilities to the passengers for embarkation and disembarkation.
Other facilities like amphitheatre, restaurant, cafe are only ancillary to it and "have to be used to make the jetty functional". The judges were "conscious" that there is no sewage treatment plant envisaged in the project and "functioning of the facilities should not be detrimental to the environment.
" Therefore, having ascertained from advocate general Birendra Saraf, they issued directions. MMB shall ensure that the amphitheatre shall be used only as a sitting area for passengers and not "as a place of entertainment in any manner". Also, the proposed restaurant/ cafe shall only be used "to provide water and packed food products to the passengers and shall not be used for providing dining facilities." After completing the project, the existing jetties at Gateway shall be discontinued in a phased manner as directed by the Indian Navy.
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