Frame policy for compensation of communities whose customary occupation affected by infrastructure projects: Bombay High Court [READ JUDGMENT]

The Bombay High Court has asked the Maharashtra government to formulate a State-wide policy for the compensation of any community whose customary rights to carry out an activity for their livelihood is impacted by government infrastructure projects (Mariyayi Macchimaar Sahkari Sanstha Maryadit v. Department of fisheries, Maharashtra & Ors.).A Bench of Justices SJ Kathawalla and Milind Jadhav opined that a State-wide compensation policy for communities affected by government infrastructure projects needs to be framed.“Once a customary right to carry out an occupation for a means of livelihood is affected, the principles enshrined in Article 21 of the Constitution of India will be invoked. This forms the basis of the State’s duty to compensate in such cases,” the Court said..The directions came on a plea by Mariyayi Macchimaar Sahkari Sanstha Maryadit (society consisting of traditional fisherman community) seeking appropriate compensation for those fishermen affected by a Thane Creek Bridge project for possible loss of livelihood due to the construction work on the project.The petition sought directions to the Maharashtra government to frame a compensation scheme to protect socio-ecological interests of traditional fishermen in the State for infrastructure projects..Maharashtra State Road Development Corporation (MSRDC) Ltd, the implementing agency in the present case claimed that the project was undertaken in public interest. It claimed that possible impact on the biodiversity in the region could not be denied..While allowing the project to continue, the Court recommended a broad framework for the government to consider while framing a “comprehensive compensation policy”.Identify whether a project may have an impact on the persons in the vicinity of the project;Determine whether the project affected persons have a customary right to carry out an activity for livelihood for a substantial period of time;Once determination has been made, let a "compensation committee" consider the details such as - families affected, type of vocation, manner of calculating quantum to calculate the amount of quantumThe State or the agency implementing the public project should make provisions in the cost to compensate the project affected persons;For the public projects where Maharashtra government or the implementing agency recognised and acknowledged a customary right, compensation committee was to determine the direct, indirect, permanent and temporary impact of the project..The Court sought compliance of its directions within 6 weeks.Senior Advocate Sharan Jagtiani was appointed as amicus in the case. Advocate Zaman Ali appeared for the petitioners. Advocates Saket Mone and Subit Chakrabarti appeared for MSRDC Ltd. .[Read Judgment]