Bombay High Court allows interim compensation of ₹1 lakh each to fishermen families affected by third Thane bridge

The Bombay High Court on Wednesday directed Maharashtra State Road Development Corporation (MSRDC) to pay ad interim compensation of ₹1 lakh per family to those fishermen families affected by the ongoing construction of the third Thane Creek bridge near Vashi [Mariyayi Machhimaar Sahkari Sansthya Maryadit vs Department of Fisheries and Ors.].A Division Bench led by Justice SJ Kathawalla observed that seven months had passed since it had asked the authorities to determine the quantum of compensation but there was no clarity yet on the same."Seven months later there is still no clarity as to how the final compensation will be quantified or by whom. We cannot expect these fisherfolk to wait one more year without any livelihood or compensation," the Court said empathising with the fishermen..In an order dated August 12, 2021, the Court had held that the bridge is likely to adversely affect the livelihood of the fishermen and hence, they deserve to be compensated. Only the extent of loss and compensation was to be determined.In December 2021, it was informed that Central Marine Fisheries Research Institute (CMFRI) was engaged to study the impact of the construction of the bridge on the fisherfolk and to decide the issue of compensation.Thereafter, in February 2022, the Court was informed that CMFRI's exercise was expected to take a year to be completed. The CMFRI stated a week later that it wasn't competent to determine the quantum of compensation and could only assist another competent agency such as Tata Institute of Social Sciences in determining the same.Advocate Zaman Ali, for the petitioner society, submitted that the entire amount of ₹10 crore earlier deposited with the Court should be paid to the society expeditiously in light of the fact that 7 months had passed since the Court had ordered for the compensation to be determined.Given that there were 900 families entitled to the final compensation and the compensation would definitely be over ₹1 Lakh, he demanded that interim compensation be paid.Senior Advocate Milind Sathe for MSRDC firstly claimed that no determination was made with regard to whether the project will affect the livelihood of fishermen.He then opposed the disbursement of interim amount as he was apprehensive of facing hardship in recovering any excess amounts from the petitioner's members in case the compensation is determined to be less than ₹1 Lakh.Amicus Curiae Sharan Jagtiani opined before the court that MSRDCs first submission is incorrect. He relied on the August 2021 order wherein the court had, at least prima facie, found that the project would affect the fishermen and their livelihood.He also submitted that it is very unlikely for the amount of final compensation would be lower than that of the interim compensation. He pointed to the draft compensation policy that adopted the approach of the National Green Tribunal (NGT) in the matter of Ramdas Janardhan Kohli.The NGT had directed a compensation of almost ₹2 lakh per year to fishermen families whose livelihoods had been affected by a construction project.The Court, taking into account that the Compensation Committee in its Draft Policy had recommended the adoption of NGT approach and also considering the fact the project itself will take more than 3 years to complete, noted that it is very likely that the final compensation amount will exceed ₹1 lakh per family. It was also of the view that since the ad hoc compensation is paid to the petitioner society and not to individual fisherfolk, there will be more accountability.It, therefore, ordered that interim compensation of ₹1 lakh per family to be paid to the petitioner’s members within two weeks. It also directed MSRDC, with the assistance of CMFRI or any other agency, to determine the final compensation payable to the Project Affected Persons within three months.[Read Judgment]