The Bombay High Court last week ordered the Central Marine Fisheries Research Institute (CMFRI) to submit an interim report spelling out the just compensation to be paid to the fishermen community, whose occupation of fishing is adversely affected by the construction of the six lane of the Thane Creek Bridge (TCB III). The HC also ordered the authorities to consider it's detailed guidelines issued in August last year to compensate the fishermen or other communities, whose professions are affected by some infrastructure project.
A bench of Justices Shahrukh Kathawalla and Milind Jadhav was hearing a plea filed by Mariyayi Macchimaar Sahkari Sanstha Maryadit (MMSSM) seeking directives to the authorities to pay just compensation to the fishermen, who have been deprived of their livelihood in view of the construction of Thane Creek Bridge III Project (TCB-III).
"Though six months have passed
and the fishermen are unable to carry out any fishing activities, they have not been provided with any compensation," the judges noted, adding, "Even toay, we are informed that it will take at least a year to finally decide the issue of compensation by the concerned authority."
"The fishermen and their family members therefore cannot be expected to starve until the concerned authority decides the quantum of compensation payable to the fishermen. We, therefore, direct the
CMFRI to submit to this Court an interim report by February 23 and to inform us the quantum of interim compensation required to be paid to the fishermen," the bench said.
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.
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