MUMBAI, July 16 -- The Bombay high court on Tuesday refused to interfere with the Maharashtra government's decision to construct a passenger jetty at the Radio Club near the Gateway of India, provided certain conditions regarding the facilities that would be part of the project are met. A division bench of chief justice Alok Aradhe and justice Sandeep Marne dismissed three separate petitions filed by Colaba residents challenging the project on various grounds, including environmental impact. The bench observed that the project had been granted all the necessary approvals and, therefore, the court's intervention was unwarranted. "We uphold the validity of the decision of MMB (Maharashtra Maritime Board) and the state government in constructing the project," said the court. However, based on the petitioners' apprehensions, the court directed the MMB to ensure certain conditions are met: the space earmarked for an amphitheatre should be used only as a sitting area for passengers waiting to board and not for entertainment; the proposed food stalls must only provide water and packed food products, and not offer dining facilities; and the existing jetties in the area must be discontinued in a phased manner after the project's completion. Maharashtra's ports minister, Nitesh Rane, thanked the high court for what he described as a "landmark decision". "Our intent has been very clear since day one that this project is in the interest of Mumbaikars and will only help to ease the traffic issues and decongest the area," he said. The project, worth Rs.229 crore, involves constructing a terminal platform measuring 6,400 square metres with a tennis racquet-shaped jetty extending from it into the sea, with 10 boarding platforms. The state's proposal includes a parking facility for 150 cars, a VIP waiting area, a food court, a cafe, an administrative area with ticket counters, and an open-air amphitheatre along the jetty. Residents of Colaba had challenged the state government's proposal, arguing that the project would needlessly impact the local environment, compromise the heritage precinct around the Gateway of India, and exacerbate traffic congestion in the area. The petitioners questioned the clearance granted to the project by various government bodies such as the Maharashtra Coastal Zone Management Authority (MCZMA), the Mumbai Traffic Police, the Mumbai Heritage Conservation Committee and the Brihanmumbai Municipal Corporation (BMC). They alleged that the proposed jetty would come up in ecologically sensitive coastal regulation zones, which meant the state government had to justify the project's location and the public interest involved therein. In response, the MMB argued that the project's purpose was to decongest the traffic movement of boats, yachts, and visitors at the Gateway of India. The new passenger jetty would be situated about 350 metres away from the heritage structure, which will help decongest, preserve, and protect it better, they claimed. The MMB added that it was in the larger public interest to have a safe, modern and properly equipped jetty to improve connectivity between the mainland and areas like Navi Mumbai, Mandwa in Raigad district and the Elephanta Islands. Advocate general Birendra Saraf, on behalf of the state government, assured that the proposed amphitheatre would only be used as a sitting area for waiting passengers and would not be used for entertainment purposes. He added that the jetty would not have dining facilities except food stalls with water and packed food. Once the project was complete, the existing five jetties at the Gateway of India would be phased out, as directed by the Indian Navy, he said. After hearing both parties, the high court refused to interfere with the project, saying it was valid. "The project meets the principle of sustainable development where the proposed development is being carried out with minimum damage to the environment," it said. The bench held that the MCZMA had the power to grant clearances for such projects without referring them to the central government. "Therefore, we uphold the validity of the decision of MMB and the state government in constructing the project in sea face/promenade abutting the Gateway of India near the Radio Club," it added. The court said that the jetty's location was a policy decision and added that its role was not to be a parallel planner and examine the correctness, suitability, and appropriateness of the policy. The court noted that the project addressed several safety and security issues concerning the five outdated jetties at the Gateway of India that are currently being used by 3-3.5 million passengers annually. The court allowed the jetty project to proceed, provided the aforementioned conditions are met....