High Court acknowledges impact on fishermen’s livelihoods, sets November deadline for detailed report
Mumbai, May 15 — The Bombay High Court has entrusted the Tata Institute of Social Sciences (TISS) with the task of assessing the damage and financial loss suffered by the fishing community due to the construction of the Thane Creek Bridge III (TCB III). The court has directed TISS to quantify the compensation owed to the affected fisherfolk and submit a detailed report by November 21.A division bench comprising Justices B P Colabawalla and Firdosh Pooniwalla passed the order earlier this month, highlighting that the construction of the six-lane TCB III has adversely impacted the livelihood of local fishermen.
“There has been a clear determination that the TCB III will have an impact on the livelihood of the project-affected fishermen,” the bench observed, stressing the need to make a serious attempt at estimating the loss, despite potential difficulties in achieving exact accuracy.
Legal Battle and Previous Developments
The matter traces back to 2021 when the Mariyayi Machhimaar Sahakari Sanstha Maryadit, a fisherfolk cooperative, moved the court raising concerns about the project. While the High Court cleared the way for the bridge’s construction in August 2021, it had simultaneously acknowledged the adverse impact on the customary fishing rights of the community.To address these concerns, the court had ordered the establishment of a ‘TCB Compensation Committee’ under the Central Marine Fisheries Research Institute (CMFRI). In March 2022, the court directed an interim compensation of Rs 10 crore to be paid to over 900 affected fishermen families, with each family receiving Rs 1 lakh.
However, the final compensation amount remained unresolved. Though the CMFRI later submitted a report in 2023 acknowledging both temporary and permanent damage to fishing activities, it failed to quantify the loss, leading to further deliberation in the court.
Diverging Opinions and New Appointment
The Maharashtra State Road Development Corporation (MSRDC), represented by senior counsel Milind Sathe, contested any further compensation, stating that no real damage was evident as per the CMFRI report.However, amicus curiae Sharan Jagtiani supported the petitioners, emphasizing that while the CMFRI did reference damage, it lacked a concrete methodology to determine the extent of financial loss.
Taking into account a previous study by TISS on compensation for fisherfolk affected by the Mumbai Coastal Road project, the High Court found merit in assigning the institute to undertake a similar effort for the TCB III case.
“The TISS report in the Coastal Road case offered a comprehensive framework and can serve as a model here,” the bench noted, allowing the institute to refer to both the CMFRI report and the Maharashtra government's resolution on statewide compensation for project-affected fishermen.
Bridge Nearing Completion
The TCB III, built on the Sion-Panvel highway, is nearly complete, with part of it already operational and full opening expected in the coming weeks.As the final compensation still hangs in balance, the TISS report is now expected to pave the way for a more definitive and equitable resolution for the affected fishing families.
