The Bombay HC on Wednesday directed interim compensation of Rs 10 crore to be paid by MSRDC to over 900 fisherfolk affected by the construction of the third Thane creek bridge near Vashi. Each family will be paid Rs 1 lakh.
“Ad hoc compensation is not a substitute for final compensation,” clarified Justices Shahrukh Kathawalla and Milind Jadhav, noting that after the HC’s August 12, 2021, order directing determination of compensation, there had been no progress.
HC: Fisherfolk can’t wait a year with no livelihood
Advocate Zaman Ali, appearing for the fisherfolk organisation, Mariyayi Machimaar Sahakari Sanstha Maryadit, had told the Bombay high court in February that the deadline to pay compensation to affected fisherfolk for the third bridge across the Thane Creek near Vashi, had expired on January 31, 2022, and “fish catch is nil”. The Maharashtra State Road Development Corporation submitted that the Central Marine Fisheries Research Institute (CMFRI) wanted a year to determine compensation. On February 25, MSRDC was told to deposit Rs 10 crore in court towards interim compensation.
Senior advocate Milind Sathe, for MSRDC, opposed its disbursal to the Sanstha and its members until the impact study. CMFRI told the HC it is not a competent authority and can assist any agency entrusted to determine the compensation with technical data. “Thus 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,” said the judges.
The court found merit in submissions of Ali and senior advocate Sharan Jagtiani, acting as amicus curiae (adviser), that since the project will take over three years, the final compensation is likely to exceed the Rs 1 lakh interim compensation. Jagtiani had referred to the National Green Tribunal’s February 2015 order awarding ad hoc compensation in a case and where it arrived at a formula.
The judges said if ad hoc compensation is paid to the Sanstha, there will be more accountability. If the compensation panel finds the final compensation is lesser or not payable, it would be the Sanstha’s duty to return the funds to MSRDC. They directed the HC registrar to pay Rs 10 crore within 2 weeks to the Sanstha. MSRDC must, either with CMFRI or any other agency, determine the final compensation within three months.
When Ali said the order will empower the fishing community, Justice Jadhav said: “It is going to affect other sectors too. ” Ali told TOI the Sanstha will disburse Rs 1 lakh each to 953 families.