Institute of Legal and Management Studies

The Supreme Court today (May 29) clarified that while rejecting the challenge to the Maharashtra Government's decision to construct a passenger jetty and terminal near the Gateway of India, it had not made any observations on the merits of the case.

The bench of CJI BR Gavai and Justice AG Masih clarified that any observations made by it during the proceedings on May 27 regarding the challenge to the jetty projects at the Gateway of India would not have any bearing on the merits of the case.

The clarification stated, "We clarify that we have not observed anything on the merits of the case."

On May 27, the Court refused to entertain a plea by three residents of Colaba challenging the Maharashtra Government's decision to construct a passenger jetty and terminal near the Gateway of India in Mumbai. The Court had also requested the Bombay High Court to decide the matter before the end of the monsoons.

During the exchange on May 27, Senior Advocate Sanjay Hegde, in a lighter vein, 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 replied that " Aamchi Mumbai doesn't live in Colaba. It is only 'thyamchi Mumbai' which lives in Colaba. Aammchi Mumbai lives in Malad, Thane, Ghatkoppar"

Today, Senior Advocate Sanjay Ghose appeared for the Clean and Heritage Colaba Residents Association (CHCRA), an association of over 400 residents of Colaba.

Referring to media reports of previous proceedings, he said "I am only saying that uninfluenced by any observations, the High Court will decide."

The CJI replied, "Those publicity statements in the newspaper were invited by Mr Hegde"

Ghose reverted, "Yes, mylords, that 'aamch-thyamchi' and all that"

The CJI, in a lighter vein, corrected the phrase- "It is not aamchi - themchi, its aamchi- tumchi"

Notably, the division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik is presently seized with the petition against the proposed 'Passenger jetty and Terminal Facilities' construction by the State government and the Maharashtra Maritime Board. The petition was filed by the CHCRA.

However, on May 7, the High Court refused to stay the piling work for the jetty project. The Court had earlier also recorded the statement of the Advocate General of Maharashtra that the heritage wall, which is part of the Gateway complex, would not be demolished before June 20.

Why The Jetty Project Is Under Challenge?

Before the High Court, the petition states that the proposed construction, from a promenade 280 meters from the Gateway of India and located near the Radio Club, is ex facie illegal, irrational, arbitrary and destructive of the heritage area.

The petition states that construction involves setting up a Terminal Platform for providing parking of 150 cars, VIP lounges/ waiting areas and ticket counters/ administrative areas along with a huge tennis racquet shaped jetty.

“This proposal for the construction of a “ Passenger Jetty and Terminal Facilities”, involves:- setting up a “ Terminal Platform” area on stilts in the sea of 80 x 80 meters : 6400 square meters : 64,000 square feet : i.e. approx 1.5 acres, providing for parking of 150 cars, VIP lounges/ waiting areas and ticket counters/ administrative areas and a huge tennis racquet shaped “jetty” extending out from the Terminal Platform for a further 570 meters [more than half a km ] into the sea, each jetty arm having a width of 9.5 meters width, from which ten boarding jetties extend perpendicularly. The sea area enveloped by the Jetty Arms is approx. 420 ft wide.”

The petition states that the Passenger Jetty and Terminal Facility is on the seafront adjacent to the Gateway of India, a protected heritage site. It states that for access for the jetty, a part of the sea side wall of the Gateway of India promenade/sidewalk is proposed to be removed.

It is stated that the Mumbai Traffic Police has given their NOC to the construction, despite the existing congestion and traffic jams.

The petitioners submit that the approval of the project was done without any Notice to the Public/ Residents of the Locality and without any opportunity to object to the same being afforded to the residents.

It is further stated that the during Bhoomi Poojan ceremony (site inauguration ceremony) in March 2025 for the project, the Minister for Ports Development of the State Govt stated that the jetty would be exclusively for yachts of VIPs, celebrities and cricketers.

Raising concerns about the distortion of the sea front of the Gateway of India due to the project, the petition states, “To preserve the character of this Heritage area, Building / apartment owners situate on/ along the waterfront have not been permitted to make even small changes to their frontages. However the Heritage Committee has purported to approve this proposed “Passenger letty and Terminal facilities” in this Heritage Area , which will require breaking of the wall of the sea side promenade for access to the Terminal and jetty and notwithstanding that such a huge structure extending more than half a km into the sca and covering a sea area of more than 15 acres , will completely distort the sea front of the Gateway of India.”

The petitioners pray to quash the decision of the State government to construct the said passenger jetty and terminal facilities.

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