SC refuses to entertain plea against jetty project near Gateway of India, directs Bombay HC to decide matter ‘expeditiously’

The bench, also comprising Justice A G Masih, wondered if the opposition to the jetty and terminal wasn’t like people demanding sewerage projects but refusing to have it anywhere near their homes. “This is like ‘not in my backyard or front yard’. Like everybody wants sewage treatment plants but not behind my house,” the CJI remarked.

The apex court noted that the matter is pending before the Bombay High Court. “We are not inclined to entertain the matter since the HC has already fixed it for hearing on June 16. However, we would request the HC to take up the matter and decide the same as expeditiously as possible, preferably prior to the end of monsoon 2025,” the order stated.

Hearing a plea by the Clean and Heritage Colaba Residents Association (CHCRA), the high court had on May 7 refused to grant an interim stay on the project work.

Appearing for the petitioners before the Supreme Court, Senior Advocate Sanjay Hegde cited news reports to argue that the project is meant to cater “exclusively for yachts, VIPs, celebrities and cricketers”. He pointed out that the minister concerned had said that it is a top priority for the Chief Minister who is personally monitoring it and the government expects it to be completed in two years. The Assembly Speaker had. Meanwhile, proposed shifting it to Princess Dock due to concerns of increased traffic congestion but the maritime board has said Princess Dock is unsuitable for the project, Hegde said.

“There are traffic restrictions there. Now this huge project is going to come up for the benefit of a particular section of society. This is coming up without any public hearing,” the senior counsel said.

CJI Gavai asked if the project has the necessary clearances to which Hegde said, “As of now, there are clearances which have been pushed through on the basis that this is a standalone jetty which it is not… We have challenged the clearance.”

He added that it was originally envisioned as a very small strip and just a floating jetty in 2014 but the plans changed. “There has been an amendment to the coastal zone management plan which basically says you don’t need the Centre’s permission for a standalone jetty. Now what is coming up, under the guise of a standalone jetty, is a jetty like a huge tennis racket with spokes coming out,” he said.

Hegde said the plans have been pushed through in 2025. “We come to know only when there is a bhumi poojan. We object at that time. We moved the HC. The HC says in 2024 there was a work order issued, you should have got up and come at that point of time. The 2024 work order is issued even before the heritage commission has passed the project,” he said.

The CJI pointed out that the project has been cleared by the heritage committee. He said that a standalone jetty does not mean it is only for one vessel. It can also be multiple vessels and added, “There are such places throughout the world. If you go to Miami, you will see not one, but so many…”.

“This is like NIMB, not in my backyard…or front yard,” the CJI said and asked Additional Solicitor General Aishwarya Bhati, who appeared for the state, “Have you addressed the traffic congestions?”

Bhati said the high court order merely records that the breaking of the concrete wall is slated not before June 26, and gives the state time till June 6 to file counter a affidavit. It is kept for hearing next on June 16, she pointed out, adding, “They have come against the interlocutory order. Their claims are fallacious.”

Refuting claims that it was meant to cater only to VIPs, she said that it was a public infrastructure project. “That this is for VIP terminal is totally wrong… I can assure that it is a public infrastructure project. It is for daily commuters,” said Bhati.