SC refuses to stall Gateway of India jetty project

With the Supreme Court now refusing to intervene, the legal challenge to the project has effectively come to an end.

The Supreme Court on Monday declined to interfere with the Maharashtra Maritime Board’s (MMB) decision to build a passenger jetty and terminal facility in the sea near Mumbai’s iconic Gateway of India, noting that the project was a “policy decision” taken after securing the necessary clearances.

Waves crash over the promenade in front of Gateway of India in Mumbai. (ANI Photo)

A bench of Chief Justice of India Bhushan R Gavai and Justice K Vinod Chandran dismissed pleas filed by Laura D’Souza and the Clean Heritage Colaba Residents Association (CHCRA) against a Bombay high court judgment in July. Solicitor General Tushar Mehta represented the state government and MMB before the apex court.

“The decision has been taken by competent authorities after considering all relevant factors...We cannot sit in appeal over a policy decision once it is supported by statutory clearances,” the bench observed while refusing to interfere.

With the Supreme Court now refusing to intervene, the legal challenge to the project has effectively come to an end, clearing the way for its construction subject to the safeguards imposed by the high court.

The project is planned on approximately 1.5 acres of reclaimed sea, located about 280 metres from the Gateway of India, near the Radio Club in south Mumbai. According to the project blueprint, the facility will include a parking area for 150 cars, VIP lounges and waiting areas, ticket counters, and an amphitheatre, alongside a distinctive tennis racquet-shaped jetty on stilts in the sea.

After examining expert opinions and statutory approvals, including those from the Maharashtra Coastal Zone Management Authority (MCZMA) and the Heritage Conservation Committee, the high court had concluded that the project was legally fortified. “The dominant purpose of the project is to provide facilities to the passenger for embarkation and disembarkation. The other facilities like amphitheatre, restaurant, cafe are only ancillary to the project,” it held.

While upholding the project, the high court had also issued a series of directions to regulate its use. It mandated that the amphitheatre could serve only as a sitting area for passengers waiting to board, not as an entertainment venue. Similarly, the proposed restaurant and cafe could provide only water and packaged food, not full dining services. The high court also required MMB to ensure that once the new jetty was operational, the existing jetty at the Gateway would be discontinued in a phased manner as directed by the Indian Navy. At the same time, the court flagged concerns that the project did not envisage a sewage treatment plant, underscoring the need for authorities to safeguard the marine environment.

The pleas filed by CHCRA and D’Souza had opposed the clearances granted to the project, including the MCZMA’s order dated March 2, 2023, and NOCs issued by the Heritage Conservation Committee and the Brihanmumbai Municipal Corporation earlier this year. They argued that the project site falls within ecologically sensitive CRZ-I and CRZ-IV zones and would damage marine ecology, harm the heritage aesthetics of the Gateway precinct, and worsen traffic congestion in the area. The petitioners further contended that large-scale facilities such as parking for 150 cars, a food court, and an amphitheatre were “commercial in nature” and went beyond the scope of a functional jetty.

On their part, the state and MMB consistently maintained that the project is necessary to address the pressing need for a safe and modern jetty to manage passenger movement between Mumbai, Navi Mumbai, Mandwa (Alibaug), and Elephanta Island. Currently, thousands of passengers crowd the existing jetty beside the Gateway, leading to congestion and safety hazards. The new facility, MMB claims, will provide organised infrastructure and decongest the roads surrounding the heritage.