SC refuses to entertain plea against construction of Jetty at Radio Club; asks Bombay HC to decide case

New Delhi [India], May 27 : The Supreme Court on Tuesday refused to entertain a plea challenging the Bombay High Court order, which had refused to grant a stay on the construction of a passenger jetty and terminal facilities near the Gateway of India.
A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih asked the Bombay High Court to decide the matter before the end of the monsoons.
The apex court refused to pass any order considering that the High Court is already considering the issue.
Advocate appearing for the residents, who challenged the order, argued that no public hearing was afforded before implementing the project plan which is nearly 10 acres of project right into the sea.
The counsel said that it was not a stand-alone jetty as portrayed to be, where 5-10 boats are tied. The CJI said that such projects are implemented globally, adding that "there are such places across the world, if you go to Miami, there are so many."
ASG Aishwarya Bhati appearing for the state government, contended that petitioner's statement are misleading and said that seven specific permissions and clearances have been taken by the authorities, which the petitioner has not placed on record.
It's absolutely wrong to say it's being created as a VIP terminal, she said, adding that the plea here was filed against an interim order and next hearing of the matter before the High Court is scheduled for June 16.
"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," said the apex court while adding that such projects had only benefited the public in the past.
Asking the High Court to decide the matter efficaciously before the end of the Monsoon in the city, the bench in its 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."
The residents had challenged the May 7 High Court's order by which it had refused to stay the construction of a passenger jetty and terminal facilities near Radio Club in Colaba.
The Clean and Heritage Colaba Residents Association had filed a petition in the High Court against the state government and the Maharashtra Maritime Board (MMB) decision to construct the jetty.
The association had challenged the project and the clearances granted to it by various authorities, and raised concerns also about a seaside wall on the footpath of PJ Ramchandani Marg in Colaba, being broken for the jetty.
The state government had told the High Court that the wall would not be brought down before June 20 and the High Court then posted the matter for hearing on June 16. Meanwhile, the association against moved the court stating that a piling barge was brought to the promenade, and sought an interim stay on the work till the petition is heard.
The state government had said that the project was of public interest and that piling work was essential. The High Court then said that it was not inclined to stay the work at this stage since the project is in the public interest.