The Bombay high court has asked the Brihanmumbai Municipal Corporation (BMC) commissioner to decide in four weeks on a plea seeking permission to set up a floating hotel two nautical miles off Marine Drive after ascertaining if he had the authority to do so.
The court has also asked the civic chief to clarify whether the recommendations of a three-member committee constituted by HC in 2017 to decide on the issue of allowing floating hotels along Mumbai coastline needed to be considered.
A division bench of justice S B Shukre and justice M W Chandwani was recently hearing a petition filed by Rashmi Developments Private Limited. Advocate Mukesh Vashi, appearing for the company, said the committee had in 2017 rejected its proposal and the HC had upheld the decision in 2018. However, in 2022, the Supreme Court set aside the order and referred the matter back to HC for fresh consideration.
The committee consisting of Mumbai police commissioner, BMC commissioner, and chairman of Mumbai Heritage Conservation Committee had turned down the proposal on the grounds that the floating jetty and the waiting area were planned on the Marine Drive promenade.
After being assured that the floating jetty, the hotel, the waiting and the parking area would not come up on the promenade, the HC set aside the committee’s order. “Considering the situation of each of these four parts of the entire project of Floatel, we find substance in the submission of learned senior advocate for the petitioner….none of these parts appear to be, prima facie, forming part of Marine Drive promenade,” the bench said.
{{/usCountry}}After being assured that the floating jetty, the hotel, the waiting and the parking area would not come up on the promenade, the HC set aside the committee’s order. “Considering the situation of each of these four parts of the entire project of Floatel, we find substance in the submission of learned senior advocate for the petitioner….none of these parts appear to be, prima facie, forming part of Marine Drive promenade,” the bench said.
{{/usCountry}}The court then directed the BMC commissioner to decide if he had the authority to grant an NOC to the petitioner and said, “If he decides he has the jurisdiction, he will consider the petitioner’s application on its own merits.”
If the commissioner concluded that he did not have the jurisdiction, then he would have to refer the matter to the committee for fresh consideration, the bench added.
About the objections raised by senior police officials from Marine Drive and Colaba police stations, HC said as the deputy commissioner of police, Harbour Zone, had already given a go-ahead to the hotel in 2011, the objections were without jurisdiction and not sustainable in law.
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