HC refuses to stay piling work for Colaba passenger jetty

MUMBAI: The Bombay high court on Wednesday refused to halt piling work underway for a passenger jetty and terminal near the Gateway of India, saying the project pertains to public interest and staying the piling work would effectively halt the entire project. The court, however, clarified that all work on the project would be subject to the final order on the plea filed by the Clean and Heritage Colaba Residents Association (CHCRA).

The association had approached the court on Monday, seeking an urgent stay on piling work in the sea. The process of laying hundreds of concrete piles – entailing drilling into the seabed and erecting supporting columns – could cause irreversible environmental damage and structural risk to nearby buildings along the PJ Ramchandani Marg, the association said it the petition filed through advocate Prerak Choudhary stated. It also raised concerns about barricading a 100-metre stretch of the PJ Ramchandani sea-facing promenade, allegedly to begin demolition of the seaside wall to facilitate the project.

The plea was part of an ongoing petition challenging the proposed jetty and terminal near the Radio Club, which residents say threatens the heritage promenade and marine ecology in the area.

During a hearing on May 2, advocate general Birendra Saraf, representing the state, told the court that the wall along the promenade would not be demolished before June 20. However, on May 3, the petitioners were informed that piling work could resume within a week, they told the court on Monday.

On Wednesday, the petitioners urged the court to restrain the state and the Maharashtra Maritime Board (MMB) from proceeding with piling work until the next hearing, saying “no prejudice will be caused to the authorities” by a temporary halt.

Senior counsel Aspi Chenoy, representing CHCRA, contended that laying of concrete piles would be irreversible and take the project to its final stage even before the conclusion of proceedings in court. “It would nearly be impossible to remove (the piles),” he said.

Advocate general Birendra Saraf submitted that the petitioners raised no objections earlier despite knowing that the project entailed laying piles. He referred to the petitioners’ demand for a stay as “abuse of the process”, and said the project was of public importance and would be completed in 30 months.

The division bench of chief justice Alok Aradhe and justice MS Karnik too observed that that the project was in public interest and clarified their non-inclination to stay work on the same. The next hearing is scheduled on June 16.