The Supreme Court recently declined to interfere with an order passed by the Bombay High Court to give Rs 1 lakh ad-hoc interim compensation to affected fisherfolk families of the Thane Creek Bridge III (TCB III) project.
The SC also directed that the Maharashtra government should try to frame within three months its policy to compensate the community affected by state-funded development infrastructure projects.
The SC bench of justice MR Shah and justice BV Nagarathna in a May 13 order saw no reason to accept a challenge made by Maharashtra State Road Development Corporation (MSRDC) to the HC’s interim orders of February 25, 2022.
The SC directed payment of Rs 1 lakh each be released in favour of the remaining 74 alleged affected persons adding, “However, it goes without saying that any amount paid will always be subject to the ultimate outcome of the main writ petition.
The MSRDC had filed a special leave petition for permission to appeal the HC order passed in a petition filed by Mariyayi Macchhimar sahakari sanstha Maryadit — a society of traditional fisherfolk seeking compensation for loss of livelihood due to construction of a TB.
“Feeling aggrieved and dissatisfied with” orders passed by the HC including directions to the MSRDC to deposit a sum of Rs.10 Crores, to be distributed among the members fishermen’s Society, the MSRDC approached the SC.
It was reported to the SC that, out of total 948 beneficiaries among the fishermen, who can be said to be Project Affected Persons, 874 beneficiaries were already given the benefit of Rs 1 lakh each and only 74 fishermen are remaining.
Anitha Shenoy, counsel appearing on behalf of the society, submitted that the payments have been made to only those fishermen whose names were cleared by the officers of the Department of Fisheries who have verified the credentials.
The MSRDC counsel Ranjit Kumar submitted that all those paid may or may not be the project affected persons.
The SC said the MSRDC can raise such an issue before the HC where the matter is pending.
The SC noted that the HC has also protected MSRDC’s interest by asking Society to file undertaking through its office bearers to ensure that any excess amount of ad hoc compensation will be brought back to the court.
Since the fishermen’s society is also put to certain terms by the HC order the SC said “we see no reason to interfere with the … orders passed by the high court.”
Rahul Chitnis, the state counsel said that the Maharashtra government is already considering a state-wide compensation policy for the project affected fisher folk affected by the government infrastructure projects and “meetings are going on.”
“Considering the fact that, at present more than 7-8 such projects are under progress, we direct the State to expedite the framing of the compensation policy at the earliest but not later than 3 months from today,” said the SC bench in its order while disposing of the SLP.