Supreme Court Clarifies No Merits Observed While Dismissing Plea Against Mumbai's Colaba Jetty Project

Mumbai: The Supreme Court on Thursday clarified that it had not made any observations on the merits of the case while dismissing a plea challenging the controversial Colaba passenger jetty project near Mumbai’s Gateway of India.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih had, on May 27, rejected an appeal filed by three Colaba residents against the Bombay High Court’s refusal to halt piling work for the upcoming jetty and terminal. The bench had then remarked that the objections appeared to stem from a “Not In My Backyard” (NIMBY) sentiment.

When the petitioners sought to frame the dispute as “amchi Mumbai vs tyanchi Mumbai” (our Mumbai vs their Mumbai), the Chief Justice had responded sharply: “Aamchi Mumbai doesn’t live in Colaba. It lives in Girgaon, Malad, Thane. Only Tyanchi Mumbai lives in Colaba.”

During Thursday’s hearing, Senior Advocate Sanjay Ghose and advocate Prerak Chaudhary, appearing for the Clean and Heritage Colaba Residents Association (CHCRA)—an association of over 400 Colaba residents—told the court that recent media reports may have influenced public perception. “I am only saying that uninfluenced by any observations, the High Court will decide,” Ghose submitted.

To this, the CJI quipped, “Those publicity statements in the newspaper were invited by Mr Hegde”, referring to Senior Advocate Sanjay Hegde, who had previously represented the residents.

“Yes, my lords, that ‘aamchi-thyamchi’ and all that,” Ghose responded. Correcting him in a lighter vein, the CJI said, “It is not aamchi-‘themchi,’ it’s aamchi-‘tumchi’.”

The apex court reiterated on Thursday, “We clarify that we have not observed anything on the merits of the case.”

The dispute concerns the Maharashtra government’s plan to construct a passenger jetty and terminal close to the heritage precinct of the Gateway of India. The CHCRA had moved the top court after the Bombay High Court refused to stay the ongoing piling work.

While refusing to entertain the plea on Monday, the top court had also requested the Bombay High Court to decide the matter expeditiously—preferably before the onset of the monsoon.