Bombay High Court Orders TISS to Assess Damage and Compensation for Fishing Community Affected by Thane Creek Bridge III
To address the concerns of the fishing community, the Bombay High Court has appointed the Tata Institute of Social Sciences (TISS) to study the damage and loss caused by the Thane Creek Bridge III (TCB III) project and quantify the compensation for affected fishermen. This decision was made in a May 2, 2025, order made available on Thursday.
The Division Bench of judges, Justice B. P. Colabawalla and Justice Firdosh P. Pooniwalla, directed TISS to prepare a detailed report on the extent of damage and loss to the Project Affected Fishermen of TCB III and to recommend an amount towards the quantum of compensation payable to them. TISS may recommend a range of compensation, with the amount varying across different categories of Project Affected Fishermen, as determined by TISS. The costs incurred by TISS will be borne by Respondent No.8 (Maharashtra State Road Development Corporation).
TISS is required to submit the report by November 21, 2025, and the matter is listed for further directions on November 28, 2025.
The bench observed that there has been a clear determination that TCB III will have an impact on the livelihood of the Project Affected Fishermen. The purpose of the Central Marine Fisheries Research Institute (CMFRI) report or any other expert agency was to determine the extent of loss.
The damage caused cannot be determined with complete exactitude. "The nature of the exercise is by definition an estimation. Nevertheless, an attempt must be made to determine damage and loss by an expert looking at all relevant factors and date," the judges said.
The petition was filed on March 24, 2021, by Mariyayi Machhimaar Sahakari Sanstha, a society comprising members from the Koli community. The petition was filed in the wake of a public infrastructure project undertaken by the Maharashtra government in Thane Creek, near Vashi, Maharashtra, Bridge III Project ("TCB III").
TCB III was proposed as a six-lane bridge on the Sion-Panvel Highway. The project is largely complete; a portion of it is now open to vehicular traffic and will be fully operational in the coming weeks.
The fishermen affected by TCB III are inhabitants of Thane Creek and exercise their customary right to fish for a living in Thane Creek. They argue that construction of TCB III will adversely affect their customary right to fish, their only source of livelihood.
On June 22, 2021, the court appointed senior advocate Sharan Jagtiani as Amicus Curiae to assist the court in the case. On August 12, 2021, the HC cleared the way for the construction of the bridge but held that the project would impact the customary right of the fisherfolk living around the creek to fish.
On February 16, 2022, the court observed that despite six months passing, the Project Affected Fishermen had not been provided with any compensation. The CMFRI was directed to submit an Interim Report to the Court and to update the Court on the quantum of interim compensation that could be paid to the Project Affected Fishermen.
On March 23, 2022, the court directed an interim compensation of ₹ 10 crore to be paid to the over 900 fishermen families who were affected due to the construction of the third Thane creek bridge near Vashi. Each family was paid ₹ 1 lakh.
The issue of the final compensation amount to be paid to each of the affected families was pending.
In its final report submitted to the HC in 2023, the CMFRI said that the bridge had impacted fishing in the area. However, the report failed to quantify the loss suffered by the fisherfolk community.
"The ‘Compensation Policy and its Implementation Plan for Project Affected Fisherfolk of Mumbai Coastal Road Project (South)’ dated February 2023 prepared by TISS, which was brought to our attention by the Ld. Amicus Curiae, is a document that goes into great detail to provide a proper and comprehensive recommended Compensation for fisherfolk affected by that project, so that the affected fishermen are adequately supported for overcoming the impact of the project on their lives and livelihoods. That study was conducted after construction of the Coastal Road was well under way, and despite this, TISS was able to deploy a methodology by which it could reasonably assess damage and compensation. A similar effort should be made by TISS in the present case," the order said.
Senior advocate Milind Sathe, appearing for the MSRDC, said there was no infirmity with the CMFRI’s final report and claimed that no damage was caused to the fisherfolk. Hence, no further compensation is required to be paid.
Published – May 16, 2025 09:36 am IST
