The Bombay High Court on Tuesday permitted the construction of a passenger jetty and terminal near the Gateway of India in Mumbai worth Rs 229 crore, albeit with conditions on facilities to be provided at or near the terminal.
While dismissing two petitions seeking discontinuation of the project, the Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne called for a balanced & sustainable approach in its execution.
The High Court observed that the pursuit of development was not an affront to the environment when it walked the path of sustainability. It further issued a slew of directions regarding the proposed terminal.
As per the directives, the Amphitheatre theatre proposed as part of the project should be used only as a sitting facility and not for entertainment purposes;
The cafe at the facility would only serve water and packed food, without providing any dining facility. The existing Jetty should be discontinued in a phased manner, it added.
The Bench further raised concern regarding the lack of any sewage treatment facilities in the proposed project.
Noting that the dominant purpose of the proposed jetty was the embarkation and disembarkation of the passengers and nothing else, the High Court gave its nod for the construction of both the jetty and the terminal.
The Clean and Heritage Colaba Residents Association (CHCRA), along with three residents of Colaba and Cuffe Parade, including Laura D’Souza, had moved the High Court against the construction of the terminal.
The petitioners argued that the project site was adjacent to the Gateway of India, a protected heritage monument. They apprised the Bench that a portion of the sea-facing wall along the Gateway promenade was proposed to be removed to provide access to the terminal.