Mumbai: The Bombay High Court (HC) recently directed the BMC chief to take a final decision regarding granting permission to a Floatel (floating hotel) proposed two nautical miles away from the city’s shoreline.
The court also asked civic chief Iqbal Singh Chahal to decide within four weeks whether he has exclusive jurisdiction to decide the matter or whether recommendations from the three-member committee formed by the HC are required.
In 2017 the HC had refused permission
In 2017, the committee (constituted on Aug 6, 2015, after a HC order) had refused permission to the floatel, considering its proximity to Marine Drive heritage precincts. This decision was upheld by the HC, but the Supreme Court set aside the HC’s decision and sent the matter back for fresh consideration. For its part, the BMC was to permit, prohibit or regulate any activity at Marine Drive depending upon the committee’s recommendation.
Further in the matter, a division bench of Justices Sunil Shukre and Justice MW Chandwani was hearing a petition filed by Rashmi Developments Pvt Ltd which contended none of the four parts of the project – including a waiting area and floating jetty – are near the promenade but situated beyond a point at its end, to which the HC agreed.
The court noted that the starting point of the floating jetty does not form part of the promenade and the proposed waiting area is on a piece of land not on the promenade. Further, the parking area has been allotted by the MMRDA and is also not part of the promenade.
The court also set aside the order of the Deputy Commissioner of Police, Zone-1, rejecting the no-objection certificate (NOC) application. That order was based on the objection by the Senior Police Inspector of Marine Drive police station and the Assistant Commissioner of Police, Colaba division. The court said that neither of these authorities have any jurisdiction in the matter and the police authorities with jurisdiction have already given the green signal.
The BMC Commissioner now has to decide the NOC application within four weeks from the date of his decision regarding jurisdiction, and within eight weeks from the date of submission of all relevant papers and representation by the petitioner company.
