Bombay HC To Hear Fishing Community’s Plea For Compensation Over Livelihood Loss Due To Atal Setu

Mumbai: The fishing community has approached the Bombay High Court seeking compensation for the community claiming it has suffered losses due to the construction and operation of the Mumbai Trans Harbour Link (MTHL), also known as the Atal Bihari Vajpayee Atal Setu. It claims that the 21.8 km MTHL, which connects Mumbai to Navi Mumbai, has disrupted the livelihoods of thousands of fishermen who depend on the Thane Creek for their income.

The plea filed by Mari Aai Machimar Sahkari Sanstha Maryadit, a society representing 1,210 members of the Koli community from seven traditional fishing villages in Navi Mumbai, contends that there has been a significant reduction of fish stock by almost 60% within the creek since MTHL’s construction began in 2018. The villages affected include Vashigaon, Juhugaon, Koparkhairane, Ghansoli, Gothivali, Diva, and Belapur.

Although there are reports highlighting the impact on the fishing community, the kolis have been excluded from compensation schemes designed to mitigate the adverse effects of the project. It highlights a series of surveys conducted by the Fisheries Department to assess MTHL’s impact in fishing villages.

A third survey report of February 2021, indicated decline in fish production. The 2018-19 fishing season recording only 46% of the production levels seen in 2017-18. By 2019-20 season, it further dropped by 60%.

The Fisheries Department and other experts had determined that due to changes in tidal currents and turbidity levels, there has been a decrease in fish stock, which has adversely impacted the livelihood of traditional fisherfolk, the plea adds.

Moreover, although the authorities have admitted that compensation ought to be paid, they have failed to provide it. It added that the fundamental rights under the Constitution of India, as well as the customary easementary rights of the fisherfolk community, are being violated.

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“Traditional fisherfolk members of Petitioner have acquired customary rights or customary easementary rights over the creeks, mudflats, creeklets and mangrove areas in Thane Creek. That the right of fishing by following a fishing route in creeklets is enjoyed by Petitioners, as a class determinate, in Thane Creek uninterruptedly for over 100 years,” the plea reads.

The plea is likely to be heard on August 28 by a bench of Justice BP Colabawalla and Justice Firdosh Pooniwalla.

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