Mumbai, May 15 (PTI) The Bombay High Court has appointed the Tata Institute of Social Sciences (TISS) to study the damage and loss, and also quantify the compensation for the fishing community affected by the Thane Creek Bridge III project.
In an order passed earlier this month, a bench of Justices B P Colabawalla and Firdosh Pooniwalla directed TISS to prepare a detailed report on the extent of damage and loss caused to the project-affected fishermen due to the TCB III and determine the compensation payable.
The institute has been directed to submit its report by November 21.
“There has been a clear determination that the TCB III will have an impact on the livelihood of the project-affected fishermen,” HC said.
While it is clear that the damage caused by the bridge cannot be determined with great accuracy, an attempt must be made to determine the damage and loss by considering all relevant factors, it said.
“We direct the TISS to prepare a detailed report on the extent of damage and loss caused to the project-affected fishermen of TCB III and to recommend an amount towards the quantum of compensation payable to the fishermen families,” the court ordered.
The TCB III, a six-lane overpass on the Sion Panvel highway, is largely complete, with a portion already open to vehicular traffic. The bridge is likely to be fully operational in a few weeks.
The Mariyayi Machhimaar Sahakari Sanstha Maryadit, a cooperative society of fisherfolk, had moved HC in 2021, raising welfare concerns of their community members located in and around the Thane creek due to the proposed construction of the bridge, helmed by the Maharashtra State Road Development Corporation (MSRDC).
In August 2021, the HC had cleared the way for the construction of the bridge but held that the project would impact the customary right of the fisherfolk living around the creek to fish.
The high court had then held that the fishermen's families’ right to livelihood would be affected due to the project.
The court had then directed for a ‘TCB compensation committee’ under the Central Marine Fisheries Research Institute (CMFRI) to be set up to determine the payout for the project-affected fisherfolk.
In March 2022, the HC directed an interim compensation of Rs 10 crore to be paid to the over 900 fishermen families who were affected due to the construction of the third Thane creek bridge near Vashi. Each family was paid Rs one lakh.
The issue of the final compensation amount to be paid to each of the affected families was pending.
In its final report submitted to the HC in 2023, the CMFRI said that the bridge had impacted fishing in the area. However, the report failed to quantify the loss suffered by the fisherfolk community.
Senior counsel Milind Sathe, appearing for the MSRDC, said there was no infirmity with the CMFRI’s final report and claimed that no damage was caused to the fisherfolk. Hence, no further compensation is required to be paid, he submitted.
Senior advocate Sharan Jagtiani, appointed as amicus curiae (to assist the court), seconded the petitioner’s prayer for the appointment of the TISS to assess the situation.
The CMFRI report does, to some degree, allude to both temporary and permanent damage caused to the fisherfolk community, but concludes that the exact extent and quantum of damage cannot be assessed, Jagtiani said.
The bench said the CMFRI report has concluded, to some extent, that there is temporary and permanent damage caused to the fishermen as regards their customary right to fish for a living.
“Despite arriving at this conclusion, the CMFRI has been unable to quantify the extent of loss and consequent compensation payable to the project affected fishermen,” HC said.
The court took note of a report prepared by the TISS in 2023 on the compensation policy and plan for fisherfolk who were affected due to the Mumbai Coastal Road project and said it provides proper and comprehensive compensation.
“That study was conducted after construction of the Coastal Road was well underway, and despite this, TISS was able to deploy a methodology by which it could reasonably assess damage and compensation. A similar effort should be made by TISS in the present case,” the court said.
TISS may use the CMFRI report and also the resolution of the Maharashtra government containing a state-wide compensation policy for project-affected fishermen, the court added.