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Mumbai's Eastern Waterfront: The last opportunity 

How are non-port lands being claimed under Port Authority without a constitutional hiccup ?

The Eastern Waterfront of Mumbai stretches over 1,800 acres from Wadala to Colaba (approx. 30 km), falling under the jurisdiction of A, B, C, M, E, F-North, and F-South Wards. This land is also key to opening up the east-west movement between Mumbai and the hinterlands.

However, currently although it is very much a part of Mumbai, this land which falls under Mumbai Port Trust (MbPt), Central Government is being planned autonomously without any consideration to its importance of being an integral part of Mumbai.

At UCM, we are committed to advocating for a comprehensive and integrated approach to the development of Mumbai’s Eastern Waterfront. We stand resolute in our efforts to ensure that the Eastern Waterfront is developed with careful consideration, collaboration, and foresight, for the benefit of the people and the city as a whole.

Major Amendments 

The Major Port Authorities Act, 2021 specifies,

  • Major Port Board shall be entitled to create specific master plan in respect of any development or infrastructure within the port limits.

  • The master plan by the board to be independent of any local or State Government regulations of any authority and in case of conflict, the master plan created by the Board shall prevail.

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The Notification of the Ministry of Port, Shipping and waterways on the 22nd November, 2021, specifies,

  • The board to have power to make regulations and develop with respect to non-port related use, even for immovable property;

  • The Port Authority is not required to take the states development plan nor its view into consideration and will be independent of the local authority regulations;

  • The Port Authority will receive money from the non-port related activities and will be used for capital investment or as the board may seem fit.

Issues/Implications

  • The Major Port Trust Board's decision of independent creation of its master plan is in violation of the constitution by taking over the functions of the local authority and changing the nature of the constitution.

  • The 74th Amendment Act of the Constitution grants local corporations the authority to plan and regulate.

  • The Eastern Waterfront is the last chance for Mumbai to create the much require affordable housing, public open spaces, deficiencies in other sectors and the important east-west connectivity with the hinterlands.

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Non port usage has activities such as urban planning, infrastructure, economic, environmental and housing development, tourism etc. These are also under BMC Mumbai as well as under the MRTP Act, hence, it is not justified that the Port Trust overlook the non-port related usage.

Strategic Framework 

  • In accordance with the MRPT Act, the State should take the role as planning authority to formulate and execute development plans that align with local level authorities' plans.

  • All provisions which are in conflict with constitutional acts and the functions of the state and local planning authorities need to be removed and be prepared as per MRTP Act.  

  • Development of these lands need to be integrated with Greater Mumbai’s planning and not be done in isolation by transferring it to agencies that are not concerned with Mumbai’s development.

  • Joint planning initiatives needs to be taken up by the Municipal Corporation, the State government and Central authority for integrated development of the Mumbai’s Waterfront. 

  • Land allocated for non-port activities should address local deficiencies, prioritising development and social amenities for adjacent wards connected to port trust land.

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