The Bombay High Court on Thursday expressed displeasure over the authorities for dragging their feet on paying an interim and just compensation to 900 fishermen, whose occupation is adversely affected by the six lane work of the Thane Creek Bridge, which will connect Mumbai and Navi Mumbai.
A bench of Justices Shahrukh Kathawalla and Milind Jadhav on Thursday afternoon initially passed orders staying the work of the contentious project asking the authorities to pay Rs 1 lakh to each of the 900 fishermen.
However, by the second session, MSRDC, which is overseeing the construction work of the bridge urgently moved the judges seeking a hearing and to stay its orders passed in the afternoon.
The bench then agreed to hear the matter again on Friday morning.
Notably, the bench was irked to note that despite an earlier order passed directing the Central Marine Fisheries Research Institute (CMFRI) to come up with an interim report spelling out a just compensation for the fishermen, who have been "literally starving" due to the work from past one year.
On Thursday the bench was informed by the CMFRI that it wasn't authorized to suggest any compensation amount.
"We can only assess the damage to the environment due to the project. And this might take at least a year's time," the counsel informed.
Irked over the submission, the bench said that it is high time the work should now be stayed.
"What if the salaries of your (authorized) officers is not given for some months?" the bench questioned.
"The bench accordingly passed its orders staying the construction work," advocate Zaman Ali said, adding, "However, the judges kept their orders ineffective till Friday morning when it would further hear the matter."
The bench was hearing a plea filed by Mariyayi Macchimaar Sahkari Sanstha Maryadit (MMSSM) seeking directives to the authorities to pay just compensation to the fishermen.
Notably, the bench had in August 2021 ordered the state government to come up with a state-wide policy to compensate communities, whose customary rights of occupation and livelihood are affected by infrastructure projects. The bench, while allowing the construction of the six-lane TCB III connecting Mumbai and Navi Mumbai, has appointed a compensation committee that will study the social impact of the project on the fisherfolk of the area and accordingly fix the compensation to be granted to the community, as their customary right to fish for a living is being affected by the project.
The bench has issued detailed guidelines on how these compensation committees must be appointed and how these committees will study the social impact and arrive at a just amount to be given to people or communities whose occupation is being affected by any development project in the state.
