MUMBAI: The Bombay high court on Thursday directed Maharashtra government to frame a comprehensive statewide policy to compensate fisherfolk and any other community whose customary right to carry out activities for livelihood is impacted by infrastructure projects.
The HC permitted construction of the six-lane Thane Creek Bridge III (TCB III) on Sion-Panvel highway, but observed that the work would impact the customary rights of fisherfolk and hence directed the setting up of a TCB compensation committee. The HC sought compliance after six weeks on both—framing the statewide policy and determination of compensation for TCB-IIIaffected fishermen.
“Once the customary right to carry out an occupation for a means of livelihood is affected, the principles enshrined in Article 21 of the Constitution of India will be invoked. This forms the basis of the state’s duty to compensate in such cases,” held a bench of Justices S J Kathawalla and Milind Jadhav.
It directed the state to also set up a general compensation panel comprising a member each from the project implementing agency, project-affected persons, district collector, other state agencies and an independent expert. The panel will have to lay down principles to identify persons affected by projects, decide types of loss and determine the compensation.
The HC ruling was in a petition seeking compensation filed by a society of traditional fishing communities from koliwadas, including the one at Vashi. Their counsel, Zaman Ali, said TCB III project is in an eco-sensitive zone of Thane Creek mudflats which will affect mangroves and flamingoes, besides disrupt fisherfolk’s livelihood.
Amicus curiae (friend of court to assist on legal aspects) senior counsel Sharan Jagtiani said it may be necessary to frame a statewide policy for compensation of PAPs whose customary rights are likely to be adversely impacted by infrastructure projects. Advocate Saket Mone for MSRDC, executing the TCB III, said it is in public interest to connect Mumbai and Navi Mumbai and needs no additional nod. He said a TCB compensation panel was set up. The HC set out illustrations on how the panel has to assess loss type and compensation quantum.
