The Bombay High Court recently said that fisherfolk located in and around Thane Creek have not been provided with any compensation despite six months having passed since its verdict on the issue, and that the concerned fisherfolk “are not expected to starve” for another year until the authority concerned decides the quantum of compensation payable to them.
Making the observation, the court directed the Central Marine Fisheries Research Institute (CMFRI) to submit an interim report by February 23 informing it about the quantum of interim compensation required to be paid to the fisherfolk at the earliest, that is, not later than two weeks from the date of order.
On August 12, last year, a division bench of Justice S J Kathawalla and Justice Milind Jadhav had passed the judgment on a writ petition by Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of fisherfolk from Vashigaon, Juhugaon, Koparkhairane, Ghansoli and Diva, raising welfare concerns of members of their community located in and around Thane creek.
The HC, while clearing way for construction of the six-lane Thane Creek Bridge (TCB) – III on Sion-Panvel Highway, had held that the construction will impact the “customary right” of fisherfolk inhabited around the creek.
The bench directed the formation of a “TCB compensation committee” to determine compensation to the project-affected fisherfolk. It had also directed the state government to frame a policy for compensation to fisherfolk or members of any other community whose right to livelihood is impacted by government infrastructure projects.
As per the implementing agency, Maharashtra State Road Development Corporation (MSRDC), TCB III is being constructed as an addition to the existing Thane Creek Bridge near Vashi in Navi Mumbai. The MSRDC said the Thane Creek Bridge is built across the creek, connecting Mumbai to the mainland at Navi Mumbai, and is one of the four entry points into the state capital– the other three being Airoli Bridge, Mulund Check Naka and Dahisar Check Naka. The TCB was constructed in 1973 and TCB II was opened to traffic in 1997.
On February 16, the bench was informed by advocate Zaman Ali representing the petitioner society that the aggrieved fisherfolk are unable to carry out any fishing activities and are still deprived of the compensation to be provided as per HC order. The court was told that it will take at least a year to finally decide the issue of compensation by the authority concerned.
The bench directed CMFRI to decide interim compensation to be paid at the earliest and said that even if its determination may be an “ad-hoc exercise,” the institute may take a decision as per the principles and guidelines laid down in the previous HC order.
The MSRDC stated that after CMFRI recommends the quantum of interim compensation, it shall disburse the same to the eligible fishermen.
The bench also found “merit” in submissions by Senior Advocate Sharan Jagtiani, who has been appointed as Amicus Curiae to assist the court in the case, that 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 that does not contain any guidelines, is not in keeping with HC order.
He said that instead, the previous HC order contains exhaustive suggestions and ought to be considered for formulating any policy for establishing customary rights of persons affected and the methodology for compensation for future, which the court “prima facie” accepted.
The bench said that it would be desirable for the state cabinet to consider the HC verdict of August 2021 for finalising any policy for compensation for affected fisherfolk.
Directing presence of CMFRI officers, the bench posted further hearing to February 23.
Source: https://indianexpress.com/article/cities/mumbai/bombay-high-court-interim-compensation-thane-creek-bridge-7781627/
