NGT Directs Fishermen's Union To Amend Compensation Plea Over Waghivali Creek Pipeline Project

Mumbai, June 4: The National Green Tribunal (NGT) has directed the Maharashtra Small Scale Traditional Fish Workers’ Union to amend its application seeking compensation for fishermen who are allegedly affected by the replacement and extension of an effluent-carrying pipeline at Waghivali Creek in Raigad district.

Observing that the plea could not be entertained in its present form, the NGT directed the applicant to amend the application accordingly and incorporate necessary pleadings relating to the implementation of the compensation policy.

“It is submitted by the union that in the case in hand, it is the MIDC which is the implementing agency of the said project; therefore, it is their responsibility to conduct a baseline study for loss caused to the fisherfolk. But we find that there are no such pleadings to that effect in the body of the application. Therefore, we cannot entertain this application in its current form and direct learned counsel for the applicant to move amendment accordingly in terms of the provisions shown, for its implementation,” the order copy reads.

Union seeks compensation

The matter was taken up for hearing after the union sought an urgent hearing through an email dated April 29.

The union had sought the constitution of an expert committee comprising representatives from the Central Marine Fisheries Research Institute (CMFRI), the National Environmental Engineering Research Institute (NEERI), and a representative of the applicant union to assess the extent of damage caused to traditional fishing zones due to the pipeline replacement and extension work undertaken by the Maharashtra Industrial Development Corporation (MIDC) at Waghivali Creek. The union also sought compensation for affected fishermen.

Allegations over impact on fishing

According to the application, the union alleged that dredging, trenching and the use of barges for the pipeline project have restricted access to fishing grounds, damaged marine ecology and reduced fish catches, adversely impacting the livelihood of local fisherfolk.

The application further claimed that water bodies around the Taloja MIDC area are already heavily polluted due to the discharge of untreated industrial effluents and that the ongoing pipeline work has worsened the situation.

During the hearing, the applicant’s counsel informed the tribunal that Coastal Regulation Zone (CRZ) clearance for the replacement of the existing disposal line and extension of the pipeline at Waghivali Creek was granted to MIDC on August 4, 2021. The union clarified that it was not challenging the CRZ clearance itself.

Tribunal seeks amended plea

Instead, the applicant relied on a Maharashtra government resolution dated March 9, 2023, which lays down a statewide compensation policy for project-affected fishermen. The policy provides for identification of affected fishers, technical and social impact assessments, baseline surveys, compensation mechanisms and a grievance redressal system.

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After the tribunal asked the union to amend its application, the union, on June 1, withdrew the application with liberty to file appropriate proceedings before the appropriate forum.

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