HC refuses to stay construction of jetty at Radio Club

Mumbai: The Bombay high court on Wednesday declined to stay the construction of a passenger jetty and terminal facilities near Radio Club in Colaba."According to the respondents, the project has been conceived in public interest. Therefore at this point of time we are not inclined to stay the implementation of the project work. However, suffice it to say that any action taken by respondents for implementation of the project in question shall be subject to outcome of this writ petition," said Chief Justice Alok Aradhe and Justice Makarand Karnik.The Clean and Heritage Colaba Residents Association had filed a petition against the state govt and Maharashtra Maritime Board (MMB)decision to construct the jetty. On May 2, after advocate general Birendra Saraf informed HC that part of the seaside wall of the Gateway of India promenade will not be demolished before June 20, the court adjourned the hearing to June 16. The association again moved HC, stating that "the very next day" they learnt through the contractor that piling work is to begin.Senior advocate Aspi Chinoy and advocate Prerak Choudhary, for the association, said HC's order "was taken by the govt as a carte blanche to starting the piling". Pointing out that piling involves embedding concrete pillars in the seabed, which would be impossible to remove and "they cost 10 times to remove than the cost of putting", Chinoy asked: "If HC is hearing matter on June 16, why create a situation which is irretrievable in terms of damage?"Saraf said the residents were only aggrieved about breaking of the wall and work starting first on land. "Now, to say the piling work in the water should also be stopped is indirectly seeking a stay on the project," he added, calling it "a second bite at the cherry". He further said that "piling is an essential part of the entire project", To the judges' query, he said it will take 10 to 12 months. The contract was given in Oct 2024 and work has to complete within 30 months.The judges said the petitioner's opinion that piles cannot be removed is "not based on expert opinion", and asked that if the petition is dismissed and the cost of the project escalates "who will bear it?" The CJ pointed out: "This is also a public project. We have to bear that in mind."When Chinoy asked what would happen to the installed piles, the CJ replied: "It will be subject to orders. We don't have the technical know-how on how to put piles in the sea and whether they can be removed. But we certainly believe in our power to restore the status quo ante [how things were before]."