Supreme Court Refuses To Entertain Plea Against Passenger Jetty At Gateway Of India; Asks Bombay HC To Decide Before Monsoon End

The Supreme Court today (May 27) refused to entertain a plea challenging the Maharashtra Government's decision to construct a passenger jetty and terminal near the Gateway of India, Mumbai, considering the fact that the Bombay High Court is already considering the issue.

At the same time, the Court requested the Bombay High Court to decide the matter before the end of the monsoons. 

The bench of CJI BR Gavai and Justice AG Masih was hearing a plea challenging the proposed construction of a passenger jetty and terminal facilities near the Gateway of India. 

At the outset, Sr Advocate Sanjay Hegde, appearing for the petitioner, informed the bench that no public hearing was afforded before implementing the project plan. The project is "nearly 10 acres of project right into the sea," he added. 

He further stressed that it was not a 'stand alone jetty' as portrayed to be, where 5-10 boats are tied. 

To which the CJI replied that such projects are implemented globally. He said, "there are such places across the world, if you go to Miami, there are so many."

ASG Aishwarya Bhati appearing for the State, termed the submissions by the petitioner as 'misleading' and informed the bench that 7 specific permissions/ clearances have been taken by the authorities, which the petitioner has not placed on record. The permissions began back in 2021. She further added that "it's absolutely wrong to say it's being created as a VIP terminal".

The ASG also submitted that the present petitioners are coming against an interim order of the Bombay High Court, which refused to stay the piling work for the project. The next hearing of the matter before the High Court is scheduled for June 16. 

Notably, the division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik is presently seized with the the petition against the proposed 'Passenger jetty and Terminal Facilities' construction by the State government and the Maharashtra Maritime Board. The petition was  filed by Clean and Heritage Colaba Residents Association (CHCRA), an association of over 400 residents of Colaba along with the present petitioner. 

However, on May 7, the High Court refused to stay the piling work for the jetty project. The Court had earlier also recorded the statement of the Advocate General of Maharashtra that the heritage wall, which is part of the Gateway complex, would not be demolished before June 20.  

Considering the above, CJI Gavai verbally remarked, "it's like- everybody wants sewage treatment plants, but 'not behind my house'- something good is happening in the city, everybody then approaches the Supreme Court."

He emphasised that such projects had only benefited the public in the past. Taking the example of the coastal roads developed in Mumbai, he explained: 

"Now you see what are the benefits of the coastal road? A person from South Bombay reaches Versova in 40 minutes; earlier it used to take 3 hours. "

Hegde used a Marathi proverb, meaning "Until we die, we don't see heaven", to explain that the state authorities should have taken the public into confidence before making this decision. 

" You can carry the public along if you inform it, but if you say my way or the highway, you pass all the orders or say you have come much later..." 

Hegde further requested the bench to ask the High Court to decide and dispose of the matter before the monsoons end, considering that the construction work would anyway be halted during the rains. 

The CJI, while dismissing the petition, asked the High Court to consider the matter efficaciously before the end of the Monsoon in the city. The order stated:

"We are not inclined to entertain the petition since the High Court is already hearing the matter. However, we would require the High Court to take up the matter and to decide the same as soon as possible, prior to the end of the monsoon 2025." 

Before concluding the hearing, Hegde, in a lighter vein, said, "It's between 'aamchi mumbai' (where the common man lives) and 'thyamchi mumbai' (where the elites live)- sometimes that is where the difference is" 

CJI replied that " Aamchi Mumbai doesn't live in Colaba. It is only 'thyamchi Mumbai' which lives in Colaba. Aammchi Mumbai lives in Malad, Thane, Ghatkoppar"

Why The Jetty Project Is Under Challenge? 

Before the High Court, the petition states that the proposed construction, from a promenade 280 meters from the Gateway of India and located near the Radio Club, is ex facie illegal, irrational, arbitrary and destructive of the heritage area.

The petition states that construction involves setting up a Terminal Platform for providing parking of 150 cars, VIP lounges/ waiting areas and ticket counters/ administrative areas along with a huge tennis racquet shaped jetty.

“This proposal for the construction of a “ Passenger Jetty and Terminal Facilities”, involves:- setting up a “ Terminal Platform” area on stilts in the sea of 80 x 80 meters : 6400 square meters : 64,000 square feet : i.e. approx 1.5 acres, providing for parking of 150 cars, VIP lounges/ waiting areas and ticket counters/ administrative areas and a huge tennis racquet shaped “jetty” extending out from the Terminal Platform for a further 570 meters [more than half a km ] into the sea, each jetty arm having a width of 9.5 meters width, from which ten boarding jetties extend perpendicularly. The sea area enveloped by the Jetty Arms is approx. 420 ft wide.”

The petition states that the Passenger Jetty and Terminal Facility is on the seafront adjacent to the Gateway of India, a protected heritage site. It states that for access for the jetty, a part of the sea side wall of the Gateway of India promenade/sidewalk is proposed to be removed.

It is stated that the Mumbai Traffic Police has given their NOC to the construction, despite the existing congestion and traffic jams.

The petitioners submit that the approval of the project was done without any Notice to the Public/ Residents of the Locality and without any opportunity to object to the same being afforded to the residents.

It is further stated that the during Bhoomi Poojan ceremony (site inauguration ceremony) in March 2025 for the project, the Minister for Ports Development of the State Govt stated that the jetty would be exclusively for yachts of VIPs, celebrities and cricketers.

Raising concerns about the distortion of the sea front of the Gateway of India due to the project, the petition states, “To preserve the character of this Heritage area, Building / apartment owners situate on/ along the waterfront have not been permitted to make even small changes to their frontages. However the Heritage Committee has purported to approve this proposed “Passenger letty and Terminal facilities” in this Heritage Area , which will require breaking of the wall of the sea side promenade for access to the Terminal and jetty and notwithstanding that such a huge structure extending more than half a km into the sca and covering a sea area of more than 15 acres , will completely distort the sea front of the Gateway of India.”

The petitioners pray to quash the decision of the State government to construct the said passenger jetty and terminal facilities.

Case Details : DR. LAURA D SOUZA vs. THE STATE OF MAHARASHTRA| Diary No. - 28592/2025