A private developer, who has entered into an agreement with Maharashtra Tourism Development Corporation (MTDC), to start an off-shore floating hotel near Raj Bhavan and build a jetty near NCPA, has approached the Bombay High Court, after it was refused permission by a high power committee, appointed by the court.
Rashmi Developers Private Limited challenged the refusal order dated May 24, 2017, stating the jetty which is proposed to be constructed at the end of Marine Drive on South side, does not in any manner affect traffic flow on Marine Drive. Moreover, the jetty and floating hotel would provide employment options and generate revenue, has been granted NOC from other departments such as traffic police, MMRDA, MCZMA, the private firm claimed.
However, the High Court-appointed committee which was formed while hearing public interest litigation, in 2015 primarily rejected the NOC application saying that if the jetty is allowed, it will increase traffic and would affect the ambiance of Marine Drive promenade, which falls in the heritage precinct.
The company argued that the area does not fall in the heritage precinct as it is not part of the promenade. Further, the 2015, order constituting the committee is not binding on the present development, as the agreement between the government and the petitioner, was entered in 2012. It was also argued that the MMRDA has allowed allotting parking facility at a nearby multi-level parking facility for patrons visiting the floating hotel, so there would not be any traffic issues.
A division bench h of Justice Abhay Oka and Justice P N Deshmukh on Friday, started dictating its order but due to paucity of time, could not complete it. The bench is now likely to pronounce its order on Monday.
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