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The Hindu
4 days ago
- Business
- The Hindu
Bombay High Court upholds Gateway jetty project, dismisses petitions citing environmental concerns
The Bombay High Court on Tuesday (July 15, 2025) dismissed three petitions challenging the construction of ₹229 crore passenger jetty and terminal facility proposed by the Maharashtra Maritime Board (MMB) near the iconic Gateway of India. Dismissing the petitions, a Division Bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne ruled that the project was lawfully cleared by the Maharashtra Coastal Zone Management Authority (MCZMA) under the 2019 CRZ notification. 'The pursuit of development is not an affront to the environment when it walks the careful path of sustainability, guarded by regulations and reason. After traversing the entire expanse of material on record, expert opinions, statutory clearances and upon weighing the scales between the progress and preservation and taking into account the fact that the project stands fortified by statutory clearance, we uphold the validity of the decision of MMB and the State Government in constructing the project i.e. 'Passenger Jetty and Terminal Facilities' in sea face/promenade abutting the Gateway of India near the Radio Club,' the court observed. The Bench further said that they have already assigned reasons in the preceding paragraphs to record a conclusion that the dominant purpose of the project is to provide facilities to the passengers for embarkation and disembarkation. The other facilities like amphitheatre and restaurant/cafe are only ancillary to the project. Therefore, the same has to be used only to make passenger jetty functional, the Bench said. 'We are also conscious of the fact that there is no sewage treatment plant envisaged in the project. The functioning of the facilities should not be detrimental to the environment,' the Bench observed and issued directions: The project proponent i.e. MMB shall ensure that the amphitheatre shall only be used as a sitting area by the passengers waiting to board the jetty and shall not be used as a place of entertainment in any manner. The MMB shall further ensure that the proposed restaurant/cafe shall be used only to provide water and packed food products to the passengers and shall not be used for providing a dining facility. The MMB shall also ensure that after completion of the project at the Gateway of India, the existing jetties shall be discontinued in a phased manner, as directed by the Indian Navy, the Bench said and disposed of the petitions. The verdict came in response to three writ petitions filed by the Clean and Heritage Colaba Residents Association, Dr. Laura D'Souza and others, and Shabnam Minwalla and others, who raised strong objections against the project on environmental, heritage, and procedural grounds. The proposed project involves the construction of a terminal platform of 80x80 metres with facilities such as a VIP lounge, food court, cafe, and a parking space for 150 cars. A 'tennis racquet-shaped' jetty extending 570 metres into the sea and a width of 203 metres with 10 boarding platforms, as well as an open-air amphitheatre on stilts, forms the core of the design. The total built-up area is over 25,116 sq. metres. Petitioners claimed the project falls in the ecologically sensitive CRZ-I and CRZ-IV zones and would adversely impact the environment, marine ecology, and heritage aesthetics of the area. The petitioners sought to quash and set aside the March 2, 2023, order passed by the MCZMA granting clearance to the project. They also sought to quash and set aside the January 28, 2025, 'No Objection Certificate' by the Mumbai Traffic Police and a February 7, 2025, 'No Objection Certificate' issued by the Heritage Conservation Committee (HCC) and Municipal Corporation of Greater Mumbai (MCGM), to the project. Senior advocates Aspi Chinoy, Sunip Sen, and Shiraz Rustomjee, representing the petitioners, argued that the project was wrongly classified as a 'standalone jetty' to bypass environmental scrutiny. They contended that in a September 2000 interim report submitted by Consulting Engineers, it was found that Off Arthur Bunder Road, South of Sassoon Dock, Nariman Point, Cuffee Parade and Trombay were not suitable and feasible and recommended the location of the proposed project at Ferry Wharf as a more appropriate location, however, the MMB disagreed with the findings of the report and said the Consulting Engineers lack professional approach. The State government too did not agree to the report, and on November 9, 2001, it said that the terminal at the Gateway of India is still needed and the project cannot be set up at Ferry Wharf alone. The petitioners argued, 'The decision of the State Government and the MMB to construct the project is ex-facie irrational, arbitrary and violative of rights of the members of the petitioner association, which are guaranteed to them under Article 14 and 21 of the Constitution of India. It is further submitted that the project in question will excessively and needlessly affect the environment.' 'The project has a built-up area of 25116 sq. metres and will envelope a sea area of approximately 15 acres. It is urged that the aforesaid project is located in ecologically sensitive CRZ-I and CRZ-IV areas and therefore, it casts a heavy onus on the State Government and the MMB to justify the location of the project and the public interest involved therein. It is argued that the proposed design envelopes 12 acres of sea area with no additional facilities on the inner side of the proposed Jetty,' the petition read. The petitioners contended that the Consulting Engineers had conducted a detailed study at the instance of MPT and the State Government concluded that the ferry wharf site is a suitable location for the construction of a passenger jetty. 'Without conducting any further expert study/report, the MMB has proceeded to locate the project in the sea off the road near Radio Club,' the petitioners argued. Advocate General Birendra Saraf for MMB submitted that the petitioners are neither aggrieved by the location of the project nor by the concept of the project. 'The project seeks to address an urgent need for a safe, modern and properly equipped jetty facility for improving connectivity between the mainland and other areas, including Navi Mumbai, Mandwa (Alibaug) and Elephanta Island, etc. and to decongest the passenger and road traffic right next to the iconic Gateway of India monument.' Mr. Saraf further argued that there are five operational antiquated jetties which have been in use for almost a century and approximately 30 to 35 lakh passengers travel every year through the aforesaid jetties. 'The existing facilities are unable to handle the passenger traffic and provide proper berthing for ferries and yachts.'
Time of India
4 days ago
- Business
- Time of India
HC clears Colaba jetty after weighing balance between progress and preservation
Mumbai: Bombay high court on Tuesday upheld the state govt and Maharashtra Maritime Board's (MMB) decision to construct a passenger jetty and terminal facilities near Radio Club, Colaba. "The pursuit of development is not an affront to the environment when it walks the careful path of sustainability guarded by regulations and reasons," said Chief Justice Alok Aradhe and Justice Sandeep Marne. They gave the ruling after considering the material on record, expert opinions, statutory clearances, weighed the scales between progress and preservation and took into account the fact that the project stands fortified by statutory clearance. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The verdict came on three petitions, including by Clean and Heritage Colaba Residents Association, challenging the decision of the state govt and the MMB to construct the jetty, as well as the Maharashtra Coastal Zone Management Authority clearance and traffic and heritage NOCs given to the project. The petitioners argued that the Gateway of India monument is a Grade I heritage structure, and the promenade comes within 100 metres of the precinct. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo They said the magnitude of the project includes a 64,000 sq ft terminal with a cafe, shops, open amphitheatre and VIP lounge and a tennis racket shaped jetty that will extend over half a kilometre into the sea. When operational, it would dwarf the area and dominate the sea-front. It will congest the already crowded area. The judges noted that the Mumbai Heritage Conservation Committee recorded that the jetty "would not obstruct the view of the surrounding heritage structures". There is no "infirmity" in the heritage NOC. Traffic police NOC was valid as it considered the jetty's parking facility will decongest P J Ramchandani Road. The judges said the project meets the principle of sustainable development where the proposed development is carried out with minimal damage to the environment. It envisages construction "involving virtually no reclamation of the sea". The MCZMA applied its mind to all environment concerns before giving clearances. The petitioners said a 2000 report that recommended Ferry Wharf for passenger jetty was not disclosed. The judges said the purpose then was to connect Mumbai to Navi Mumbai. The present jetty is to decongest the existing 5 small jetties used by around 35 lakh passengers. MCZMA was not supposed to consider an alternative site. They said the project's dominant purpose is to provide facilities to the passengers for embarkation and disembarkation. Other facilities like amphitheatre, restaurant, cafe are only ancillary to it and "have to be used to make the jetty functional". The judges were "conscious" that there is no sewage treatment plant envisaged in the project and "functioning of the facilities should not be detrimental to the environment. " Therefore, having ascertained from advocate general Birendra Saraf, they issued directions. MMB shall ensure that the amphitheatre shall be used only as a sitting area for passengers and not "as a place of entertainment in any manner". Also, the proposed restaurant/ cafe shall only be used "to provide water and packed food products to the passengers and shall not be used for providing dining facilities." After completing the project, the existing jetties at Gateway shall be discontinued in a phased manner as directed by the Indian Navy.
NDTV
4 days ago
- Business
- NDTV
'Not Irrational, Arbitrary': Jetty Near Gateway Of India Cleared By High Court
Mumbai: In a major boost for Mumbai's coastal infrastructure, the Bombay High Court on Tuesday dismissed a series of public interest litigations challenging the construction of a passenger jetty and terminal near the iconic Gateway of India. Affirming its legality and public necessity, the court gave its nod for the ambitious waterfront project, being carried out by the Maharashtra government and Mumbai Maritime Board (MMB), but also issued directives to ensure that public interest and statutory safeguards remain paramount. The verdict came after months of heated arguments between local residents' associations, environmentalists, and the State. The petitioners, including the Clean Heritage Colaba Residents Association and prominent citizens raised concerns about environmental degradation, flawed site selection, heritage violations, and a lack of public consultation. Project In Public Interest, Not Arbitrary: Court Delivering the judgment, Chief Justice Alok Aradhe and Justice Sandeep V Marne held that the project was a considered policy decision made in public interest and fell within the permissible framework of the Coastal Regulation Zone (CRZ) 2019 Notification. "The decision to locate the project near Radio Club, despite historical preference for Ferry Wharf, does not render it irrational or arbitrary," the court observed, adding, "Policy decisions cannot be interfered with unless they are manifestly arbitrary, which is not the case here." The court also noted that all relevant regulatory approvals, including CRZ clearance from the Maharashtra Coastal Zone Management Authority (MCZMA), heritage no-objection certificate (NOC) from Mumbai Heritage Conservation Committee (MHCC), and permissions from the Archaeological Department and Mumbai Traffic Police had been duly obtained. Judicial Review Limited In Technical, Policy Matters Emphasising judicial restraint, the court cited past Supreme Court judgments that said courts must defer to expert bodies on infrastructure and environmental matters unless decisions are mala fide or ultra vires. The judges rejected the petitioners' argument that the proposed jetty could not be treated as a "standalone" facility. The project includes a 570-metre-long racquet-shaped jetty with 10 boarding platforms, a terminal with a VIP lounge, parking for 150 cars, cafes, a food court, and an amphitheatre. Despite these facilities, the court accepted the state's argument that these were ancillary to a passenger jetty, thus qualifying it for clearance by the state-level MCZMA rather than the central Ministry of Environment. Concerns Addressed A central plank of the petitioners' argument was a report submitted in 2000 by consulting engineers recommending Ferry Wharf as the most environmentally and operationally suitable site. However, the court found that the MMB was not bound by the two-decade-old report, especially in light of changing urban dynamics and expert inputs from subsequent Environmental Impact Assessment (EIA) studies. "Even assuming Ferry Wharf was once preferable, the MMB's departure from it is not unjustified," the court ruled. "There is no obligation to follow prior expert recommendations in perpetuity, especially when alternate expert assessments have validated the current site." Critically Vulnerable Coastal Area? On the argument that the project falls within a "critically vulnerable coastal area," the bench held that the CRZ 2019 notification and subsequent amendments permitted construction of standalone passenger jetties in such zones, subject to safeguards. The petitioners' fear that the development would damage heritage views and marine ecology were also dismissed as speculative. The court also noted the extensive mitigation measures and the fact that similar projects in the vicinity had previously received clearances. Decongestion Benefits The court took note of the public benefit the project seeks to bring. It would "decongest the traffic and tourism load" at the Gateway of India and modernise the long-standing but outdated jetty infrastructure. The judgment emphasised that more than 3.5 million passengers currently use the makeshift jetties annually, often in unsafe and unsanitary conditions. The new terminal aims to provide secure boarding, emergency facilities, accessibility for the disabled, and structured traffic management. Safeguards While dismissing the petitions against the Colaba passenger jetty project, the court also issued a series of directions to ensure that the development does not violate environmental or heritage norms and remains within the regulatory framework. The directions are as follows: Mandatory compliance with approvals: The Mumbai Maritime Board and executing authorities must strictly adhere to all conditions imposed by the Maharashtra Coastal Zone Management Authority, Mumbai Heritage Conservation Committee, the Archaeological Department, and the Mumbai Traffic Police. Any violation will be treated as non-compliance with statutory approvals. Ancillary facilities to remain secondary: Facilities such as the amphitheatre, food court, cafe, and VIP lounge proposed as part of the terminal are to remain incidental to the jetty's primary purpose as a passenger terminal. They cannot be expanded or operated in a way that changes the nature of the project into a commercial or recreational venture. Periodic monitoring by MCZMA: The MCZMA is directed to carry out regular monitoring of the project's construction and operational phases to ensure there are no unauthorised modifications or breaches of the Coastal Regulation Zone clearance. Environmental safeguards for marine health: The disposal of sewage, effluents, and grey/black water from terminal facilities and berthed vessels must be managed through approved systems as per the EIA plan. No untreated discharge will be permitted into the sea. Preservation of Gateway of India: The court directed that the jetty project must not obstruct the visibility, physical access, or structural integrity of the Gateway of India. The heritage precinct must remain undisturbed in both construction and operational stages. Construction impact reporting: The project proponents must assess and report the ecological impact of piling and marine construction activities, especially during monsoon and marine breeding seasons. These reports must be submitted to the MCZMA for oversight. No precedent for other CRZ projects: The court clarified that its approval for this project is case-specific. It cannot be cited as a precedent or justification for similar developments in other ecologically sensitive CRZ-I or CRZ-IV areas without a full and independent regulatory assessment.
Time of India
20-06-2025
- Business
- Time of India
Big water transport infra can be ready in 28 months: Report
Mumbai: The ambitious plan to commission 10 passenger waterways using 75 green boats and 29 passenger jetty terminals in and around Mumbai can be made operational in 28 months once the contract is awarded by securing required permissions, says a report of consultants appointed to do a feasibility study. The network will have a capacity for 1.63 lakh boat trips in a year, to carry nearly 1-1.63 crore passengers by 2031 considering a minimum capacity of 100 per boat. The report suggests that route No.6 i.e Vasai-Marve-Nariman Point (61 km) is potentially the most viable followed by route 9 i.e Belapur-Gateway-Mandwa (38km) connecting Navi Mumbai and the new airport to Mumbai and Alibaug. Vasai-Mira Bhayandar-Gaimukh-Nagale (17 km) and Kalher-Kolshet-Mulund-Airoli-Vashi-Gateway (50km) are seen as the next most viable routes which can ensure an internal rate of return of 20%. Except routes 1, 8 and 10, all are expected to be potentially viable. For route 7, a viability gap fund of 60% has been suggested in the feasibility report by Kochi Metro Rail Ltd (KMLR), a partner in the consortium running the Kochi Water Metro. State ports and waterways minister Nitesh Rane has, however, directed the state maritime authority, the Maharashtra Maritime Board (MMB) to ensure more jetties at Juhu, Bandra, Versova, Mahim, Worli and Kandivli to attract Mumbaikars towards water transport. Based on the study, a final DPR (detailed project report) will be made by MMB before tendering the work to private parties. It will take at least a year to prepare a DPR, secure clearances and award the contract, the report said. The Mumbai Metropolitan Region (MMR), with a projected population of 26.91 million by 2025, spans 6,328 sq km and has a network of 9 major rivers, creeks and coastlines around it. As part of the study, KMLR and MMB teams spoke to boat operators to understand the impediments they faced. According to them, non-profitability on certain routes, difficulties in operation due to tidal variations, siltation on navigation channels due to poor dredging, lack of infrastructure, seasonal interruptions due to rough weather especially during monsoons, and the presence of fishing nets in the sea were the major impediments in making their operations viable. Former additional transport commissioner Satish Sahasrabudhe said water transport will have to be synchronised with transport modes such as metro, locals, buses and taxis. "Last mile connectivity and 24x7 operations throughout the year without monsoon breaks will decide the success of water transport," he said.
Time of India
19-06-2025
- Business
- Time of India
Maritime boost: India's largest port project eyes raising $ 3.5 billion debt; Vadhvan gears up for global trade role
In a major push for India's port and maritime sector, Vadhvan Port Project Ltd, the firm behind what is set to become the country's largest port—is gearing up to raise up to Rs 300 billion (approximately $3.5 billion) in debt, presenting lenders with a rare long-term investment opportunity. The Vadhvan Port Project Ltd, located just north of Mumbai, is being steered by the Jawaharlal Nehru Port Authority (JNPA), which holds a 74% stake, alongside the Maharashtra Maritime Board (MMB), which owns the remaining 26%, Bloomberg reported. 'We have started the process of raising debt which will happen in two phases,' said Unmesh Sharad Wagh, chairman of JNPA and managing director of Vadhvan Port Project Ltd. The proposed borrowings will span tenors of 15 to 20 years, and the firm is considering both onshore and offshore markets for raising funds. The $9 billion mega-port, for which Prime Minister Modi laid the foundation stone last year, is expected to be completed by the end of the decade. Once operational, it will have the capacity to handle 23 million container units annually, making it one of the world's ten largest ports, project backers claim. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Kanada'daki 350.000 yeni nitelikli göçmenden biri olun Canada Immigration Express Şimdi başvur Undo For the first phase of funding, IDBI Capital has been appointed as an advisor to help line up long-term lenders, with a target of at least ₹220 billion. A request for proposals is expected to be floated between October and December this year. The funds will be disbursed over the next five years. In addition to the debt, JNPA and MMB will inject approximately Rs130 billion in equity. The project team is also engaging with multilateral agencies and has begun work on reclaiming 1,200 hectares of land. With a natural draft of 20 metres, Vadhvan Port will be capable of hosting the world's largest container ships — a key shortcoming of India's current port infrastructure that has forced some vessels to bypass the country entirely. Vadhvan is also expected to play a pivotal role in the proposed India-Middle East-Europe Corridor, a strategic economic initiative to create a robust trade link connecting Asia, the Gulf and Europe. The port's development aligns with the Modi government's broader push to strengthen maritime infrastructure. In February's budget, the Centre proposed a dedicated Maritime Development Fund aimed at supporting the sector with financial assistance through equity or debt instruments. Stay informed with the latest business news, updates on bank holidays and public holidays . AI Masterclass for Students. Upskill Young Ones Today!– Join Now
