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Supreme Court Clarifies: No Comments on the Merits of Mumbai Gateway Jetty Project

30 May 2025 10:37 AM - By Vivek G.

Supreme Court Clarifies: No Comments on the Merits of Mumbai Gateway Jetty Project

The Supreme Court of India has clarified that while it rejected the challenge against Maharashtra’s plan to build a passenger jetty and terminal near the iconic Gateway of India, it did not express any views on the project's merits.

On May 29, 2025, the bench led by Chief Justice BR Gavai and Justice AG Masih explained that any remarks made during the hearing on May 27 regarding the challenge to the jetty project should not be taken as their opinion on the case. The bench clearly stated, "We clarify that we have not observed anything on the merits of the case."

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On May 27, three Colaba residents challenged the Maharashtra Government’s plan for a new passenger jetty and terminal near the Gateway of India. However, the Supreme Court refused to entertain their plea and requested the Bombay High Court to make a decision before the monsoon season ends.

During the hearing, Senior Advocate Sanjay Hegde, representing the residents, remarked humorously, "It’s between 'aamchi Mumbai' (common man’s Mumbai) and 'thyamchi Mumbai' (elite’s Mumbai) – sometimes that’s where the difference is." In response, CJI Gavai quipped, "Aamchi Mumbai doesn’t live in Colaba. It’s only 'thyamchi Mumbai' which lives in Colaba. Aamchi Mumbai lives in Malad, Thane, Ghatkopar."

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On May 29, Senior Advocate Sanjay Ghose appeared for the Clean and Heritage Colaba Residents Association (CHCRA), representing over 400 residents of Colaba. Addressing media coverage of earlier court proceedings, Ghose said, "I am only saying that uninfluenced by any observations, the High Court will decide." The CJI humorously responded, "Those publicity statements in the newspaper were invited by Mr. Hegde." Ghose playfully added, "Yes, my lords, that 'aamchi-thyamchi' and all that," to which the CJI corrected, "It’s not aamchi-themchi, it’s aamchi-tumchi."

The Bombay High Court division bench, headed by Chief Justice Alok Aradhe and Justice M.S. Karnik, is currently hearing the petition filed by CHCRA against the proposed jetty project. Despite the challenge, on May 7, the High Court refused to halt the piling work. The Advocate General of Maharashtra assured the Court that the heritage wall of the Gateway complex would not be demolished before June 20.

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The petitioners argue that the jetty project, located about 280 meters from the Gateway of India near the Radio Club, is illegal, irrational, and threatens the heritage site. According to the petition, the project involves:

  • Building a terminal platform in the sea, measuring 80 x 80 meters (6400 square meters/1.5 acres).
  • Providing parking for 150 cars, VIP lounges, ticket counters, and administrative offices.
  • Constructing a tennis racquet-shaped jetty, extending 570 meters into the sea, with jetty arms 9.5 meters wide, and 10 perpendicular boarding jetties. The sea area within the jetty arms spans about 420 feet.

The project’s access plan reportedly involves removing part of the seaside promenade wall of the Gateway of India. Petitioners also noted that the Mumbai Traffic Police gave a no-objection certificate (NOC) despite heavy traffic congestion in the area.

Moreover, the petition claims the project was approved without notifying the public or local residents. It also highlights a statement made during the Bhoomi Poojan ceremony in March 2025, where the State Ports Development Minister reportedly mentioned that the jetty would cater to VIPs, celebrities, and cricketers.

The petition emphasizes that while local building owners near the heritage waterfront cannot even make minor changes to their property, the Heritage Committee has allegedly approved a project that will significantly alter the Gateway of India’s seafront. They claim the construction will cover more than 15 acres of sea area, distorting the historic seafront’s character.

The petitioners have asked the Court to quash the State government’s decision to proceed with the project.

Counsel for Petitioners: Mr Ghose, Sr Advocate , Adv Prerak Choudhary , Adv Vibhu Tripathi and Ayush Anand (AOR)

Case Details : CLEAN AND HERITAGE COLABA RESIDENTS ASSOCIATION (CHCRA) Versus THE STATE OF MAHARASHTRA AND ORS. SLP(C) No. 15709/2025