Bombay HC Orders Task Force To Fix Thane Creek Bridge Fishermen’s Compensation Within 6 Months, Faults TISS’s Unverified Income Data

The petitioners represent traditional fishing communities dependent on fishing in and around Thane Creek.

In an earlier judgment, the High Court recognised the affected fishermen’s customary right to fish for a livelihood and found that construction of Thane Creek Bridge-III (TCB-III) was likely to affect that right.

In the absence of a compensation policy, the Court directed interim compensation of ₹10 crore, which was distributed to affected families

After the State adopted a statewide compensation policy, the Court appointed the Tata Institute of Social Sciences (TISS) to assess the impact of TCB-III and recommend compensation.

TISS submitted a report proposing direct-loss and livelihood-security compensation, but its calculations relied substantially on fishermen’s self-reported income and recollections, without pre-construction baseline data.

The parties and the amicus curiae disputed the report’s methodology and reliability

The Court proceeded on the basis of its earlier, final determination that traditional fishermen have a customary right to fish for their livelihood and are entitled to compensation where a public infrastructure project affects that right; it had linked the State’s compensation obligation to Article 21 of the Constitution

The Court also considered the Maharashtra Government Resolution dated 9 March 2023, which establishes a statewide compensation policy with six categories of fishing-related loss and prescribed compensation amounts

Compensation must, however, be based on identifying the persons actually affected and assessing the impact through evidence; the TISS report could guide that assessment but was not, by itself, a sufficient basis for fixing compensation

The Court found that TISS had relied principally on unverified self-reported income and recalled pre-project fishing conditions, without corroborating its figures against Fisheries Department data, auction records, or other official sources.

Its assessment also lacked baseline data and did not adequately establish the claimed extent of loss through objective or scientific methods.

By contrast, the CMFRI study recorded continued fishing in the area, while identifying some permanent loss of fishing space at the new bridge pillars and potential construction-related impacts.

The Court therefore rejected direct adoption of TISS’s proposed compensation figures, but did not deny that fishermen had been affected.

It directed a further, on-site assessment, informed by both reports, the State policy, and available official data

It constituted a Task Force chaired by the Principal Secretary of the Agriculture, Dairy Development, Animal Husbandry and Fisheries Department, with the Commissioner of Fisheries as Secretary; representatives nominated by CMFRI and TISS; the Commissioner of Navi Mumbai Municipal Corporation; and MSRDC as an integral member.

The Task Force must identify affected families with the Fisheries Department’s assistance, assess the facts on site, consider relevant official data and both expert reports, and determine compensation in line with the State policy.

The exercise must be completed within six months.

The petitions and pending interim applications were disposed of