The Supreme Court on May 27, 2025, refused to entertain a plea challenging the Maharashtra Government's decision to build a passenger jetty and terminal facilities near the Gateway of India, Mumbai. The Court noted that the Bombay High Court is already hearing the matter and requested it to decide before the monsoon ends.
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A bench led by Chief Justice of India (CJI) BR Gavai and Justice AG Masih heard the plea filed against the jetty project. Senior Advocate Sanjay Hegde, representing the petitioners, argued that no public hearing had been conducted before implementing the project, which involves almost 10 acres of construction into the sea. He also emphasized it was not a small jetty but a large facility with multiple boat tie-ups.
CJI Gavai responded, "There are such projects across the world, if you go to Miami, there are so many," highlighting that similar constructions exist globally.
Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the State, described the petitioners’ claims as “misleading” and clarified that the project had received seven specific permissions since 2021, which the petitioners failed to mention. She added, “It's absolutely wrong to say it's being created as a VIP terminal.”
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Bhati pointed out that the petitioners were challenging an interim order of the Bombay High Court, which had refused to stay the piling work for the project. The next hearing is scheduled for June 16.
Notably, the division bench of Chief Justice Alok Aradhe and Justice M.S. Karnik is handling the case at the Bombay High Court. The petition was filed by the Clean and Heritage Colaba Residents Association (CHCRA), a group representing over 400 Colaba residents, alongside the present petitioner.
Earlier, the High Court had recorded a statement from the Advocate General of Maharashtra confirming that the heritage wall at the Gateway of India would not be demolished before June 20.
CJI Gavai 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.”
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He cited the example of the Mumbai Coastal Road, stating,
"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, saying the public should have been consulted before such a large project. He argued,
"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."
The CJI, while dismissing the plea, instructed the High Court to decide the matter before the end of the monsoon. The Court 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 the hearing concluded, Hegde humorously 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 Gavai replied,
“Aamchi Mumbai doesn’t live in Colaba. It is only ‘thyamchi Mumbai’ which lives in Colaba. Aamchi Mumbai lives in Malad, Thane, Ghatkopar.”
Background of the Challenge
The plea before the High Court challenges the proposed construction, arguing that it would be illegal, irrational, and damaging to the heritage area near the Gateway of India. The project, located 280 meters from the Gateway and near the Radio Club, involves:
- A terminal platform on stilts, covering approx. 1.5 acres
- Parking for 150 cars, VIP lounges, waiting areas, and ticket counters
- A tennis racquet-shaped jetty extending 570 meters into the sea with ten boarding jetties
The petition argues that the Mumbai Traffic Police gave NOC despite traffic congestion, and no public notice or opportunity to object was given to residents. During the Bhoomi Poojan ceremony in March 2025, the Minister for Ports Development had said the jetty would cater to VIPs, celebrities, and cricketers.
The petition claims the project would distort the seafront of the Gateway of India, a protected heritage area, especially as residents cannot even make small changes to their properties in the area, yet the Heritage Committee approved this large-scale jetty project.
The plea seeks to quash the State Government’s decision to construct the jetty and terminal facilities.
Case Details : DR. LAURA D SOUZA vs. THE STATE OF MAHARASHTRA| Diary No. - 28592/2025
