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Hindustan Times
2 days ago
- Politics
- Hindustan Times
SC clarifies that Bombay HC to decide Gateway of India jetty case on merits
MUMBAI: The Supreme Court on Thursday clarified that the Bombay High Court is free to proceed uninfluenced by its earlier observations in the ongoing case against the ₹299-crore passenger jetty project near the Gateway of India, a heritage monument. Declining to intervene, the apex court directed the High Court to hear the matter expeditiously and adjudicate all issues raised, including the legality of piling work into the seabed. The clarification comes two days after the top court declined to stay the contentious project, observing on Tuesday that the jetty served a larger public interest. Instead of passing interim orders, the court urged the High Court to swiftly conclude hearings on pending petitions challenging the development. The latest Special Leave Petition (SLP) was filed by the Clean and Heritage Colaba Residents Association (CHCRA) through advocates Ayush Anand and Prerak Choudhary. The association challenged the High Court's May 7 interim order allowing the Maharashtra Maritime Board (MMB) to continue concrete piling work near the Radio Club area. CHCRA contended that the construction poses a serious risk to the historic seaside heritage wall adjacent to the Gateway of India. The petition questioned whether the High Court had erred in failing to weigh the balance of convenience and the potential for irreversible damage to the site. Earlier, on May 2, the High Court had recorded an assurance from the Advocate General of Maharashtra that the heritage wall would not be disturbed until June 20. The court scheduled the next hearing for June 16. However, piling activity reportedly began the very next day, on May 3, prompting CHCRA to seek an urgent stay, which the High Court declined on May 7. Accusing the authorities of attempting to bypass the court's interim protections, CHCRA approached the Supreme Court, seeking an ex parte interim stay and a direction restraining the state government from initiating any coercive action against petitioners. The Supreme Court bench of Chief Justice of India Bhushan Gavai and Justice Augustine George Masih rejected the challenge without commenting on the merits of the case. It noted that the observations made in a related petition filed earlier by Dr Laura D'Souza would apply equally in this matter. Dr D'Souza's petition—filed through advocate Anagha S Desai of Desai Legal LLP—had similarly contested the High Court's refusal to stay the preparatory works, arguing that the project commenced without adequate public consultation and would adversely affect over 2.1 lakh residents in the Colaba area.
Hindustan Times
7 days ago
- General
- Hindustan Times
Second residents' body moves SC against jetty project at Gateway of India
MUMBAI: A second residents' association has approached the Supreme Court, challenging the Bombay High Court's refusal to halt the construction of a jetty project near the Gateway of India. The Clean and Heritage Colaba Residents Association (CHCRA) has filed a Special Leave Petition (SLP) against the High Court's interim order dated May 7, 2025, which allowed concrete piling work at the seabed near Radio Club to proceed. This comes a week after the Cuffe Parade Residents' Association president moved the apex court with a similar petition. CHCRA's petition, filed through advocates Ayush Anand and Prerak Choudhary, argues that the construction work poses a serious threat to the seaside heritage wall near the Gateway of India and questions whether the High Court erred in failing to weigh the balance of convenience and the potential for irreparable damage. Earlier, in its May 2 order, the High Court had recorded an assurance from the Advocate General of Maharashtra that the heritage wall would not be touched before June 20, 2025. The court had scheduled the next hearing for June 16. However, the Maharashtra Maritime Board (MMB) began piling work—a process involving fixing concrete piles into the seabed—the very next day, on May 3. CHCRA has alleged that this move was aimed at bypassing the interim protection granted by the court. The association subsequently filed an application seeking a stay on all piling activity, but the High Court dismissed it on May 7. The petition also challenges the project's compliance with environmental regulations. It points out that the 2022 Coastal Regulation Zone (CRZ) notification only permits 'stand-alone jetties' in CRZ-I and CRZ-IV areas. In contrast, the current proposal seeks clearance for 10 jetties, which CHCRA describes as 'ex facie illegal and impermissible'. The petition further contends that the Maharashtra Coastal Zone Management Authority (MCZMA) and the MMB have approved the Passenger Jetty and Terminal Facilities project without adequately considering objections from local residents and stakeholders. It cites Rule 8(V) of the Environmental Impact Assessment (EIA) Rules, which requires that public concerns be addressed before such approvals are granted. Additionally, the association has raised concerns over the MCZMA's alleged failure to acknowledge the presence of the heritage seawall—a significant feature of the Gateway of India precinct. Demolition of this wall, the petition argues, would cause irreversible harm to the city's architectural legacy. Accusing the High Court of overlooking the heritage concerns, CHCRA has urged the Supreme Court to grant an ex parte interim stay on the May 7 order and to restrain the state government from taking any coercive action against the petitioners.
Time of India
28-04-2025
- Business
- Time of India
Colaba residents move HC to halt Radio Club jetty work
Mumbai: Colaba residents have moved the Bombay high court urging to quash and set aside the decision of the state govt and Maharashtra Maritime Board (MMB) to construct a passenger jetty and terminal facilities near Radio Club. "Such a terminal building and huge jetty will destroy the heritage vista of the harbour from the promenade and the heritage Gateway of India when viewed from the of the sea wall and putting piles into the sea bed …will also jeopardise buildings (along the seafront)," stated the petition by Clean and Colaba Residents Association comprising over 400 residents. It has challenged the construction of the project "in the sea on stilts from the sea face abutting the Gateway of India and located near the Radio Club end". You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The petition, filed through advocate Prerak Choudhary, stated that the project involves a terminal building of approximately 1.5 acres and a tennis racket-shaped jetty that will extend further over half a kilometre into the sea. The total area covered by the project will be 15.5 acres i.e is about 70% of the size of Oval Maidan which is 22 acres. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like [Click Here] - 2025 Top Trending Search - Local network access Esseps Learn More Undo The petition said the "gargantuan" structure has been approved by the Maharashtra Coastal Zone Management Authority under the 2019 Coastal Zone Regulation notification that permits only a 'standalone jetty'. Further, the Heritage Conservation Committee approved this project which will require breaking of the wall of the seaside promenade for access to the terminal and will distort the sea front of the Gateway of India. "To preserve the character of this heritage area, owners of building/apartment situated on/along the waterfront have not been permitted to make even small changes to their frontages," it pointed out. The petition claimed that the entire approval process was done without public notice and the residents were not heard. Among the grounds, the association said there is "no application of mind as to the impact of the location and operation of such a jetty and a large terminal in an already traffic congested area". It also seeks the pending hearing and disposal of the petition for an injunction including the contractor, RKCE Projects, from implementing the project and preventing residents from using the pavement along the seafront.
Time of India
24-04-2025
- Business
- Time of India
Radio Club marina work begins; upset locals to move court
Mumbai: Maharashtra Maritime Board (MMB) on Thursday allowed contractor RKC International to barricade a portion of the eastern waterfront between the Gateway of India and Radio Club to start construction of piles for the Rs 190-crore state-of-the-art marina that will have capacity to anchor around 20 public passenger boats. The project is expected to be completed in a couple of years, MMB officials said. Upset with the barricading of the site, Colaba residents have decided to move court against the upcoming jetty. Colaba resident and advocate Prerak Choudhary said they had sought 27 documents, including traffic analysis and expert reports, from BMC and Maharashtra Pollution Control Board under the MRTP Act, as well as affidavits and indemnities submitted to Maharashtra Coastal Zone Management Authority, but did not receive any of them. "Hence, we have been forced to move court," he said. Laura Dsouza, president of Cuffe Parade Residents' Association , said on seeing the barricades, upset residents wrote in chalk at the promenade: "Shift the jetty" and "Colaba stands united", but were asked to erase them. "How can they barricade the pavements after giving an assurance that the marina work will not begin until residents are provided with all 27 documents," said Dsouza, adding that no work order was produced till they insisted on it. AGNI coordinator of A ward Jennifer Shetty claimed that the Archaeological Survey of India nod has lapsed for the marina project, but MMB officials said renewed permission has been issued.
