Case Note & Summary
These three writ petitions, heard analogously by the Bombay High Court, arose from residents' associations and members in the Colaba area challenging the construction of a 'Passenger Jetty and Terminal Facilities' project abutting the Gateway of India at Radio Club by the State of Maharashtra and Mumbai Maritime Board. The petitioners apprehended that the project would cause excessive and needless harm to the pristine environment. The project, as described, involved a terminal platform of 80 x 80 meters providing parking for 150 cars, VIP waiting area, food court, cafe, ticket counters and administrative areas, with a frontage of 250 feet on the sea side pavement at a height of 4.5 meters. A tennis racquet shaped jetty extended 570 meters into the sea with a width of 203 meters, ten boarding platforms, an open air amphitheatre, and a built-up area on stilts of 25,116 square meters. The petitioners sought to quash the MCZMA clearance order dated 2 March 2023, the Mumbai Traffic Police NOC dated 28 January 2025, and the Heritage Conservation Committee NOC dated 7 February 2025 issued by HCC and MCGM. The background facts revealed a long history of site selection for a passenger water terminal. In September 2000, Mumbai Port Trust issued Terms of Reference to Howe India Pvt. Ltd. to consider five sites. The consulting engineers' interim report in September 2000 found all five sites unsuitable and recommended Ferry Wharf. MMB and CIDCO disagreed, and the Government of Maharashtra insisted on a terminal at Gateway of India. The final report in January 2002/April 2003 reiterated the Ferry Wharf recommendation and proposed a floating pontoon landing at Radio Club pier, but no action was taken. In 2014, MMB engaged Terracon Ecotech to prepare an EIA report for a ferry terminal and passenger jetty near Radio Club. MCZMA in its 93rd meeting on 25 August 2014 recommended the proposal subject to exclusion of restaurants, shops, STP, and taxi/bus stands not allowed in CRZ-I area. SEIAA granted clearance on 5 March 2019, but again no action was taken. In March 2022, MMB obtained a new EIA report prepared by Building Environment (India) P. Ltd., which stated the project falls in CRZ-IV-A area and did not require EIA clearance under the 2006 Notification. The MCZMA granted clearance on 2 March 2023, followed by traffic and heritage NOCs in January and February 2025. The petitioners challenged these clearances on grounds including non-consideration of the alternative Ferry Wharf site, failure to apply sustainable development and precautionary principles, non-disclosure of the consulting engineers' report, and inclusion of prohibited amenities such as amphitheatre and restaurant/cafe. The High Court heard the parties and reserved judgment on 1 July 2025, pronouncing judgment on 15 July 2025; however, the final decision is not included in the provided excerpt.
Headnote
A) Environmental Law - Coastal Regulation Zone Clearance - Validity of MCZMA Clearance - Environment (Protection) Act, 1986; Coastal Regulation Zone Notification, 2019 - Petitioners sought quashing of the MCZMA order dated 2 March 2023 granting clearance to the Passenger Jetty and Terminal Facilities project at Radio Club near Gateway of India. They alleged that the project would cause excessive and needless harm to the pristine environment and that the precautionary principle was violated. The High Court heard arguments and reserved judgment; no final holding is provided in the excerpt. (Paras 4-5) B) Environmental Law - Sustainable Development - Consideration of Alternative Site - Environment (Protection) Act, 1986 - Historical reports by Consulting Engineers recommended Ferry Wharf as the suitable site for a passenger water terminal, but authorities later pursued the Radio Club site. Petitioners contended that failure to consider this alternative violated principles of sustainable development; final decision not included. (Paras 5-8) C) Environmental Law - Precautionary Principle - Environmental Impact of Project - Environment (Protection) Act, 1986; Coastal Regulation Zone Notification, 2019 - The project involved a terminal platform of 80 x 80 meters and a jetty extending 570 meters into the sea with a built-up area of 25,116 sq.mtrs. Petitioners argued this would cause excessive environmental harm; final decision not included. (Paras 3-4) D) Environmental Law - EIA Applicability - Requirement of Prior Environmental Clearance - Environment Impact Assessment Notification, 2006 - Different EIA reports reached different conclusions on whether the project required environmental clearance; MCZMA and SEIAA had earlier granted conditional approvals. The court was to examine compliance; final decision not included. (Paras 9-10) E) Heritage and Traffic Law - Validity of NOCs - Heritage Conservation Committee NOC and Traffic Police NOC - Not mentioned Act - Petitioners challenged the Heritage NOC dated 7 February 2025 and Traffic NOC dated 28 January 2025 as invalid; final decision not included. (Para 4)
Issue of Consideration
Whether the MCZMA clearance order dated 2 March 2023 for the Passenger Jetty and Terminal Facilities project at Radio Club near Gateway of India is valid; whether the project violates Coastal Regulation Zone Notification, 2019 and Environment Impact Assessment Notification, 2006; whether authorities failed to consider the alternative site at Ferry Wharf in accordance with sustainable development and precautionary principles; whether there was non-disclosure of the Consulting Engineers' report and accurate information while seeking MCZMA clearance; whether the Heritage NOC dated 7 February 2025 and Traffic NOC dated 28 January 2025 are valid; whether inclusion of amphitheatre, restaurant/cafe in CRZ area is permissible.
Law Points
- environmental clearance
- coastal regulation zone
- precautionary principle
- sustainable development
- alternative site
- non-disclosure
- heritage NOC
- traffic NOC
