Didn't make remarks on merits of case on passenger jetty, terminal at Gateway of India: SC

New Delhi, May 29 (PTI) The Supreme Court clarified on Thursday that it had made no observations on the merits of the case while rejecting a plea challenging the Maharashtra government's proposed construction of a passenger jetty and terminal near the historic Gateway of India in Mumbai.

A bench of Chief Justice B R Gavai and Justice Augustine George Masih on Tuesday refused to entertain a plea challenging a Bombay High Court order that had declined to stay the construction work for the passenger jetty and terminal facilities near the Gateway of India.

"Something good is happening for the city. Everybody opposes coastal roads. Now you see what is the benefit of a coastal road. A person from south Mumbai can reach Versova in 40 minutes. Earlier, it used to take three hours," the CJI had observed.

On Thursday, the CJI clarified that he had made no observations on the merits of the case.

"We clarify that we have not observed anything on the merits of the case," the bench said, adding that the high court would decide on the plea on merits.

During Tuesday's hearing, senior advocate Sanjay Hegde, in a lighter vein, remarked on the divide between common and elite residents of Mumbai, saying, "It is between 'aamchi Mumbai' and 'thyamchi Mumbai'." The CJI also responded humorously, saying, "Aamchi Mumbai does not live in Colaba. It is only 'thyamchi Mumbai' which lives in Colaba. Aamchi Mumbai lives in Malad, Thane, Ghatkopar." On Thursday, senior advocate Sanjay Ghose, appearing in the court for the Clean and Heritage Colaba Residents Association (CHCRA), which represents more than 400 residents opposing the jetty, expressed concern over the media coverage.

"I am only saying that uninfluenced by any observations, the high court will decide," he submitted.

The CJI said the statements picked up by the press were "invited by Mr Hegde", to which Ghose replied, "Yes, my lords, that 'aamchi-thyamchi' and all that." Continuing with the tone of levity, the CJI corrected the phrase, saying, "It is not aamchi–themchi, it is aamchi–tumchi." On Tuesday, the top court refused to entertain a plea challenging the high court order that had declined to stay the construction work for the passenger jetty and terminal facilities near the Gateway of India.

The government had earlier assured the high court that the wall near the Gateway of India, marked for demolition as part of the passenger jetty project, will not be demolished till the next date of hearing. PTI SJK RC