A Special Leave Petition has been filed in the Supreme Court challenging the Bombay High Court’s refusal to halt the construction of a controversial passenger jetty and terminal project near Mumbai’s iconic Gateway of India. The project, which has sparked concerns over its impact on heritage structures, coastal ecology, and public safety, is scheduled for hearing in the apex court on May 27.
The petition was filed by Laura D’Souza, president of the Cuffe Parade Residents’ Association, through advocate Anagha S Desai of Desai Legal LLP. It contests the Bombay High Court’s orders dated May 7 and 8, which had denied interim relief to restrain ongoing construction, demolition, or alteration activities related to the project.
According to D’Souza, the High Court failed to adequately consider the broader public interest and potential for irreversible harm. “The project commenced without public notification, consultation, or engagement with local residents,” she stated, while also challenging the court’s observation that the petitioners had approached it belatedly despite prior knowledge.
The plea alleges that multiple regulatory approvals and environmental clearances were granted without proper diligence, violating coastal zone, heritage conservation, and environmental regulations. It argues that the High Court erred by relying primarily on the government’s assertion of the project’s public utility, without applying the legal tests for interim relief—prima facie case, balance of convenience, and risk of irreparable damage.
“The High Court’s order overlooks the irreversible consequences that this construction will have on heritage monuments such as the Gateway of India and the delicate marine ecosystem in the area,” the petition states. It further highlights that the project spans over 15.5 acres of sea area, threatening to permanently alter the landscape and safety of the Colaba coastline.
The project has faced mounting opposition from a broad coalition of stakeholders, including the Bombay Presidency Radio Club, local business leaders, tourists, and elected representatives from both Houses of Parliament. Many of these objectors have called for relocating the jetty to Princess Dock, which has been recommended in a feasibility study as a less disruptive alternative.
Public safety concerns form another pillar of the petition. It cites the fatal accident on December 18, 2024, when a Navy speedboat collided with the passenger ferry Neel Kamal near the Gateway of India, killing 15 people. The incident occurred in the same congested waters where the new terminal is being built, raising fears about increased maritime traffic and risk of future tragedies.
“This project is being advanced under the pretext of public benefit but ultimately caters to a select few. It violates legal safeguards, endangers lives, and threatens one of Mumbai’s most historic and environmentally sensitive zones,” D’Souza said.
The Supreme Court’s decision on May 27 will be closely watched, as it may determine the future of a project that has stirred widespread public and legal controversy.
