The Bombay High Court on Wednesday declined to halt the ongoing construction of a passenger jetty and terminal facilities near the iconic Gateway of India, stating that the project served the larger public interest.
A division bench of Chief Justice Alok Aradhe and Justice M.S. Karnik said it was not inclined to stay the work at this stage, though it clarified that the construction would remain subject to the final outcome of a petition filed by the Clean and Heritage Colaba Residents Association (CHCRA), a local residents’ group opposing the project.
“We are not inclined to stay the work. This is a public project,” the bench stated.
The court scheduled the next hearing in the matter for June 20.
During the hearing, Advocate General Birendra Saraf assured the court that a wall near the Gateway of India, which is earmarked for demolition as part of the development, would remain intact until the next date, consistent with the government’s earlier undertaking.
However, CHCRA, represented by senior counsel Aspi Chinoy, raised concerns in an application filed earlier this week. The group alleged that authorities had breached their assurance by commencing piling work at the site, which, they argued, would be “nearly impossible to remove” once installed—effectively rendering the petition redundant.
Chinoy argued that allowing the piling to continue would turn the project into a fait accompli, undermining judicial review.
Responding to this, Saraf submitted that the tendering process began as early as July 2024, and the residents were always aware that piling was integral to the construction. He reiterated that the wall would not be demolished before the next hearing.
After hearing both sides, the bench decided not to intervene at the present stage, while keeping the petitioner’s concerns on record.
The court’s interim order allows the public infrastructure work to proceed while maintaining the status of certain heritage elements until further adjudication.
