The Bombay High Court on Tuesday allowed the construction of a new passenger jetty and terminal at the Gateway of India in south Mumbai subject to certain conditions.
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne upheld the decision of the Maharashtra government to construct the jetty and terminal.
The court, however, said the amphitheater that has been proposed to be built as part of the project will be used only as a sitting area for passengers, and not as a place of entertainment.
Similarly, a proposed restaurant or cafe shall be used only to provide water and packed food to passengers and not as a dining facility, the judges said.
The Maharashtra Maritime Board shall ensure that after the completion of the project, the use of the existing four jetties shall be discontinued in a phased manner as directed by the Indian Navy, said the court.
"In our view, the project meets the principle of sustainable development where the proposed development is being carried out with minimum damage to the environment," the HC said, adding that the government's policy decision does not suffer from "vice of arbitrariness, irrationality and non-application of mind".
Pursuit of development is not an affront to the environment when it walks the careful path of sustainability, guarded by regulations and reason, the high court remarked.
A bunch of petitions had claimed that the construction near the Gateway of India, an iconic Mumbai landmark, would cause harm to the environment.
The project involves the construction of a terminal platform, parking lot for 150 cars, VIP waiting area, an amphitheatre, a food court, cafe and ticket counters.
The court noted that the proposed jetty will provide an embarkation and disembarkation point for passengers but will not involve handling of cargo or fish.
"The objective of the project is to provide better facilities to existing passengers using the old jetties and to decongest the Gateway of India," the HC said.
Presently, there are five operational jetties which have been in use for almost a century, the court noted, adding that one of them is exclusively used by the Bhabha Atomic Research Centre (BARC).
As per the Maharashtra Maritime Board, around 35 lakh passengers travel each year using the four jetties which are now inadequate.
Ferries from the Gateway of India take passengers from south Mumbai to Alibag in neighbouring Raigad district.
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