SC allows MSRDC to stop disbursement of ₹10 crore compensation to fisherfolk

On March 23, in an interim order, the Bombay High Court (HC) directed that a compensation amount of ₹10 crore, deposited earlier as a guarantee by the MSRDC

Mumbai The Maharashtra State Road Development Corporation (MSRDC), after paying close to ₹10 crore in interim compensation toward 952 fishermen affected by construction of the Thane Creek Bridge-III, on Wednesday stopped the disbursement to individual beneficiaries following a Supreme Court stay on the matter.

Responding to a special leave petition filed by the MSRDC earlier this month challenging the HC’s instructions, the Supreme Court on Wednesday directed that “no further amounts shall be disbursed by the Respondent, pursuant to the impugned order passed by the High Court if not disbursed so far.” (HT File)

On March 23, in an interim order, the Bombay High Court (HC) directed that a compensation amount of ₹10 crore, deposited earlier as a guarantee by the MSRDC, be disbursed to the Mariyai Machhimar Sahakari Sanstha, which represents fisherfolk whose livelihoods have been affected by construction of the Thane Creek bridge project in five different villages, including Vashigaon, Juhugaon, Koparkhairane, Ghansoli and Diva koliwadas.

Responding to a special leave petition filed by the MSRDC earlier this month challenging the HC’s instructions, the Supreme Court on Wednesday directed that “no further amounts shall be disbursed by the Respondent, pursuant to the impugned order passed by the High Court if not disbursed so far.”

A bench comprising justices MR Shah and BV Nagarathna “further directed that compensation, if any made, shall be subject to the ultimate outcome of the present special leave petition.”

The Sanstha has claimed compensation for the fishermen, contending that they were inhabitants of the Thane creek area and their customary right to fish in the creek was adversely affected by the construction of the third Thane Creek bridge (TCB-3), a proposed six-lane bridge on the Sion-Panvel highway which will connect Mumbai with the mainland at Navi Mumbai.

The HC last month had ordered ₹1 lakh each to be paid to 952 fishers through cheques issued by the organisation. “We received the amount in our bank account on April 8, after which individual cheques were issued to all 952 affected fishers. However, the receipt of the money in the beneficiaries’ bank accounts has been stopped following Supreme Court orders. This will severely affect all of us who have not been able to carry out our customary livelihood since construction of the bridge began,” said Aditya Sutar, chairman, MMSS.

An official with the MSRDC, seeking anonymity, confirmed the development. “The SC is very clear that any compensation in the matter will now be decided in the outcome of our special leave petition. So, there is no question of disbursing the amount further to the individual beneficiaries. We have requested the concerned bank to not allow the fisher’s to withdraw the amount for now. The true estimation of loss and appropriate compensation will be decided by the Central Marine Fisheries Institute, whose report is expected by June.”

Hindustan Times has also reviewed a copy of an April 13 letter, written by MSRDC’s advocate Nishant Katneshwarkar, to managing director Radheshyam Mopalwar. “The Court has directed the Mariyai Machhimar Sahakari Sanstha not to disburse the amount further to its members. Therefore, you are requested to intimate the concerned bank... not to allow the respondent to withdraw the amount,” Katneshwarkar wrote.

Mopalwar’s phone remained switched off through the day on Thursday, and HT was unable to reach him for a comment.