Mumbai, May 7 (PTI) The Bombay High Court on Wednesday refused to stay the construction work for a passenger jetty and terminal facilities near the Gateway of India, noting that the project was in public interest.
A bench of Chief Justice Alok Aradhe and Justice M S Karnik, however, said the construction work would be subject to the final outcome of a petition filed by a local residents’ association against the project.
The court said it would hear the matter on June 20.
Last week, the government had assured the court that the wall near the Gateway of India, marked for demolition as part of the passenger jetty project, will not be broken till the next date of hearing.
In an application filed on Monday, the Clean and Heritage Colaba Residents Association (CHCRA) alleged that the authorities had breached the earlier assurance by beginning piling work at the site.
Advocate General Birendra Saraf on Wednesday told the court the wall won’t be demolished as assured.
CHCRA’s counsel, Aspi Chinoy, however, said once installed, the piles would be “nearly impossible to remove”, effectively turning the project into a fait accompli – something that has already been done or decided before those affected by it can object or change it – before the matter is fully adjudicated.
Saraf also pointed out that the process for awarding the project began in July 2024, when a notice inviting bids was issued.
The petitioner was always aware that the project entails piling work, he said.
After hearing both sides, the court said it was not inclined to grant any stay on the construction work at this stage.
“At this point, we are not inclined to stay the work. This is a public project,” the bench said in its order. PTI SP NR
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