Bombay High Court upholds Colaba Jetty Project; Dismisses Environmental and Heritage Challenges

The Bombay High Court has dismissed a series of writ petitions challenging the proposed construction of a Passenger Jetty and Terminal Facility near the Gateway of India by the Maharashtra Maritime Board (MMB), upholding the project’s Coastal Regulation Zone (CRZ) clearance and other statutory approvals.

The petitions filed by residents’ associations and individuals, including the Clean and Heritage Colaba Residents Association and a journalist had sought to halt the project on environmental and heritage grounds. The petitioners argued that the jetty was located in an ecologically sensitive CRZ-I and CRZ-IV area, and that no proper justification had been given for shifting the project from Ferry Wharf, which had been recommended in a prior expert feasibility report.

The High Court Bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne, however, held that the proposed jetty qualifies as a standalone jetty, and is therefore a permissible activity under the CRZ Notification 2019. The Court noted that the Maharashtra Coastal Zone Management Authority (MCZMA) was competent to grant clearance under amended norms and that multiple regulatory bodies—including the Mumbai Heritage Conservation Committee (MHCC), Mumbai Port Authority, Archaeological Department, and Mumbai Police (Traffic) had granted necessary approvals.

The petitioners raised issues of lack of disclosure, non-consideration of alternative sites, and adverse environmental impacts. They also objected to the proposed amphitheatre, food court, and VIP lounges being included under the guise of a standalone jetty. The Court rejected these claims, holding that the MCZMA had applied its mind and that policy decisions made after expert consultation are not ordinarily open to judicial review.

The Court found no jurisdictional error or mala fide in the decisions of the authorities and noted that public interest and the goal of decongesting the Gateway of India area justified the project’s development.

Accordingly, the writ petitions were dismissed, and the Court upheld the legality of the environmental and heritage clearances granted to the Colaba jetty project.

Mr. Aspi Chinoy, Senior Advocate with Mr. Prerak Choudhary, Mr. Prakash Choudhary, Ms. Anisha Balse, Ms. Trisha Ranka, Ms. Regina David, Mr. Sunil Shetty & Ms. Rucha Bhole for Petitioner in WPL/13336/2025

Mr. Sunip Sen, Senior Advocate with Mr. Abhijeet Desai, Ms. Soma Singh, Smt. Anita Castellino, Ms. Mohini A. Rehpade, Mr. Vijay Singh, Mr. Digvijay S. Kachare, Ms. Daksha Punghera, Mr. Abhishek Ingle & Mr. Karan Gajra, for Petitioner in WPL/14795/2025

Respondent: Dr. Birendra Saraf, Advocate General with Mr. Jay Sanklecha, ‘B’ Panel Counsel & Mr. Vishal Thadani, Additional Government Pleader for the State – Respondent No. 1 & 6 in WPL/13336/2025

Dr. Birendra Saraf, Advocate General with Mr. Jay Sanklecha, ‘B’ Panel Counsel & Smt. Jyoti Chavan, Additional Government Pleader for the State – Respondent No. 1 & 6 in WPL/14795/2025

Dr. Birendra Saraf, Senior Advocate with Mr. Jay Sanklecha, Mr. Ishwar Nankani, Mr. Huzefa Khokhawala & Mr. Karan Parmar i/b Nankani & Associates for Respondent No. 2 in WPL/13336/2025 & WPL/ 14795/2025

Dr. Milind Sathe, Senior Advocate with Mr. Gaurav Shrivastava, Mr. Aditya Mhase i/b Ms. Jaya Bagwe, for MCZMA, Respondent No. 3 in WPL/13336/2025 & WPL/14795/2025

Dr. Milind Sathe, Senior Advocate with Ms. Oorja Dhond i/b Ms. Komal R. Punjabi, for MCGM, Respondent No. 5 in WPL/13336/2025

Mr. Umesh Shetty, Senior Advocate with Mr. Gopalkrishna Nayak i/b Flavia Legal, for Respondent No. 7 in WPL/13336/2025 and WPL/14795/2025