The Bombay High Court recently observed that fisherfolk affected by the construction of the six-lane Thane Creek Bridge (TCB)-III have not been provided with any compensation despite it asking the authorities concerned to pay the same nearly six months ago. A division bench comprising Justice SJ Kathawalla and Justice Milind Jadhav said that the fisherfolk “are not expected to starve” till the administration decides on the quantum of compensation.
The Bombay High Court then directed the Central Marine Fisheries Research Institute (CMFRI) to submit a report by February 23 mentioning the quantum of interim compensation required to be paid to the affected fisherfolk.
Last year, the Mariayi Macchimaar Sahkari Sanstha Maryadit (MMSSM), a cooperative society of fisherfolk from Vashigaon, Juhugaon, Koparkhairane, Ghansoli and Diva, had filed a writ petition highlighting the concerns of the members of the group residing in and around the Thane creek .
The same bench of the high court had then passed a judgment clearing the way for the construction of the TCB-III but held that the construction will impact the “customary rights” of fisherfolk inhabiting the creek.
The bench had directed the formation of a ‘TCB compensation committee’ to determine the compensation to be given to the fisherfolk affected by the project. It had also directed the state government to frame a policy for providing compensation to fisherfolk or members of any other community whose right to livelihood is impacted by such infrastructure projects.
On February 16, the bench found “merit” in submissions by senior advocate Sharan Jagtiani, appointed as amicus curiae to assist the court, that the recommendation in the draft policy for determining compensation, which is based on the policy laid down in the National Green Tribunal (NGT) order of February 27, 2015, is not in keeping with the order of the high court.
The bench said that it would be desirable for the state cabinet to consider the high court verdict of August last year before finalizing any policy for compensation for affected fisherfolk.
The Court also directed the Commissioner of Fisheries, Maharashtra and Vice-chairman and Managing Director (MD) of the Maharashtra State Road Development Corporation (MSRDC), which is the implementing agency for TCB-III, to respond to the letter by the chairman of the petitioner society seeking details on disposal of daily and total quantity of mud slurry generated from pile boring during construction of the TCB-III till date.
The high court was informed by advocate Zaman Ali representing the MMSSM that the aggrieved fisherfolk are unable to carry out any fishing activities and they are still deprived of the compensation to be provided as per last year’s order. The court was told that it will take at least a year to finally decide the issue of compensation by the authorities concerned. The bench directed the CMFRI to decide on the interim compensation to be paid at the earliest and said that even if the determination may be an “ad-hoc exercise”, the institute may decide as per the principles and guidelines laid down in the previous high court order.
The MSRDC stated that after the CMFRI recommends the quantum of interim compensation to be paid, it shall disburse the same to the eligible fishermen. Seeking presence of CMFRI officers, the bench posted further hearing to February 23.
Notably, the TCB-III is being constructed as an addition to the existing TCB near Vashi in Navi Mumbai. The MSRDC said the TCB connects Mumbai to the mainland at Navi Mumbai, and is one of the four entry points into Mumbai – the other three being Airoli Bridge, Mulund Check Naka and Dahisar Check Naka. The TCB was constructed in 1973 and the TCB-II was opened to traffic in 1997.
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