Gateway jetty project: Residents file plea in SC
MUMBAI, May 24 -- A Special Leave Petition has been filed in the Supreme Court challenging the Bombay High Court's refusal to stay construction of a controversial jetty and terminal project at the iconic Gateway of India. The project, which allegedly threatens heritage structures, the marine environment, and public safety, is scheduled for a hearing in the apex court on May 27.
The petition has been filed by Laura D'Souza, president of the Cuffe Parade Residents' Association, through advocate Anagha S Desai of Desai Legal LLP. It contests the Bombay High Court's orders dated May 7 and 8, which declined to grant interim relief to halt ongoing construction, demolition, or alteration activities related to the Passenger Jetty and Terminal Facilities.
According to the petitioners, the project impacts more than 210,000 residents in the Colaba area. D'Souza argued that the High Court failed to consider the overwhelming public interest involved and the irreversible damage the construction could cause. "The project commenced without prior public notification, consultation, or engagement with local stakeholders," she said, criticising the court's observation that the petitioners had approached it at the last moment, despite knowing about the project earlier.
The plea also alleges that various approvals, NOCs, and environmental assessment reports were granted without due diligence or adherence to regulatory procedures. It argues that many of these clearances are in violation of prevailing environmental, heritage, and coastal zone regulations.
The petition contends that the High Court erred in allowing the project to continue based solely on the government's assertion of its public importance. It states that the court failed to apply the well-established legal tests for granting interim relief-namely, a prima facie case, balance of convenience, and likelihood of irreparable harm.
"The High Court's order does not reflect a proper appreciation of the irreversible impact this massive construction will have on heritage structures such as the Gateway of India and the surrounding coastal ecosystem," the petition states. It further argues that the scale of the project-spanning over 15.5 acres of sea area-will drastically alter the character and safety of the Colaba coastline.
Besides the Cuffe Parade Residents' Association, other objectors include the Bombay Presidency Radio Club and others. "This project is being pushed forward under the guise of public benefit, but in reality, it serves the interests of a select few. If allowed, it will endanger lives and permanently damage the heritage zone," said D'Souza....
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