Jetty critical infra for public: MMB
MUMBAI, June 10 -- Marking a fresh inflection in the tug-of-war between residents of Colaba and the state government over the latter's intent to develop a new passenger jetty and terminal between the Radio Club and Gateway of India, the Maharashtra Maritime Board (MMB) has filed an affidavit in the Bombay high court (HC) opposing a petition filed by the Clean and Heritage Colaba Residents' Association (CHCRA) on April 28, opposing the construction of the jetty.
The move comes nearly 10 days after the Supreme Court directed HC to hear the matter of the Rs.299-crore project "expeditiously and adjudicate all issues raised", as reported by HT on May 30.
MMB filed the affidavit on Saturday, in which it argued that the association was seeking to stall a "critical public infrastructure project" under the guise of opposing permissions granted for its execution, and that in doing so it was prioritising its personal inconvenience over public interest. The board underscored that the aim of the project, envisioned over a decade ago, was to modernise outdated facilities, ease the burden of existing jetties near the Gateway of India and address long-standing issues of overcrowding. Between 30 and 35 lakh passengers use them annually.
The affidavit also said, given their state of deterioration, the jetties pose a potential security risk due to their proximity to key national establishments such as the Western Naval Command and the Atomic Energy headquarters. It highlighted the salient features of the project - 10 fixed pile jetties with 20 berths, 15 heritage-style terminal buildings and other amenities for passengers over an area of 25,116 square meters. The site, 280 meters from the Gateway of India, was selected after evaluation and a go-ahead given by the Western Naval Command.
The upgraded facility will decongest existing routes and improve connectivity to Navi Mumbai, Alibaug and Elephanta Island, benefiting both commuters and tourists.
The board also questioned the legal standing of the association's petition in HC, as it had failed to provide any evidence of it being registered as an entity under the Societies Registration Act or any other law, which "makes the petition procedurally flawed". "The petition is therefore misconceived and without substance," argued the board, and that "claims raised by it are based on conjectures, surmises and subjective preferences".
It further underlined the "inordinate delays" to the project taking off, which was approved in 2012 and has been in the public domain since then.
"Law deems that public infrastructure projects must be challenged before they are executed; but doing so at such a late stage would disrupt critical infrastructure, derail financial planning and cause cost escalations. The court should therefore dismiss the petition at its threshold," MMB's affidavit stated, denying allegations that the project would damage the Gateway's heritage precinct, destroy sea-facing views, or harm the surrounding environment.
It also underlined that clearances were obtained from the Maharashtra Coastal Zone Management Authority (MCZMA) and Mumbai Heritage Conservation Committee (MHCC) "after due consideration".
The board has requested HC to reject the petition and not grant any interim relief, affirming the larger public interest served by the project.
Reacting to the MMB's move, advocate Prerak Choudhary, representing CHCRA, said: "We have received a copy of the affidavit filed by MMB. We will soon put in a rejoinder."...
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