Bombay HC Appoints TISS To Assess Damage And Recommend Compensation For Fisherfolk Affected By Thane Creek Bridge III Project

Mumbai: The Bombay High Court has appointed the Tata Institute of Social Sciences (TISS) to assess the damage and loss caused to fisherfolk due to the construction of the Thane Creek Bridge III (TCB III) and to determine the final compensation payable to affected families.

A bench of Justices B P Colabawalla and Firdosh Pooniwalla, in an order passed earlier this month, directed TISS to prepare a detailed report on the extent of damage caused by the bridge project and recommend a final compensation amount for the affected community. The institute has been asked 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,” the court observed. While acknowledging that exact damage cannot be determined with mathematical precision, the bench added, “An attempt must be made to determine the damage and loss by considering all relevant factors.”

The court directed TISS to take into account the findings of the Central Marine Fisheries Research Institute (CMFRI) and use the state’s compensation policy for project-affected fishermen to arrive at a fair assessment.

“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,” the bench stated.

The TCB III, a six-lane bridge constructed on the Sion-Panvel highway by the Maharashtra State Road Development Corporation (MSRDC), is nearing completion, with a portion already open to vehicular traffic.

In 2021, the Mariyayi Machhimar Sahakari Sanstha Maryadit, a cooperative society of local fisherfolk, had moved the High Court raising concerns about the impact of the bridge on their livelihood. Although the court allowed the project to proceed in August 2021, it had recognised that the construction infringed upon the customary fishing rights of the local community.

In 2022, the court ordered interim compensation of Rs 10 crore, with each of the 900 affected families receiving Rs one lakh. However, the final compensation was pending.

The CMFRI, tasked with evaluating the loss, submitted a report in 2023 confirming both temporary and permanent damage but failed to quantify the losses.

Senior advocate Sharan Jagtiani, appointed as amicus curiae, supported the appointment of TISS, noting that while the CMFRI acknowledged the damage, “it concludes that the exact extent and quantum of damage cannot be assessed.”

The court referred to TISS’s prior study on fisherfolk compensation in the Mumbai Coastal Road project and said, “Despite the Coastal Road project being well underway, TISS was able to deploy a methodology to reasonably assess damage and compensation. A similar effort should be made in the present case.”