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Synopsis

The Koli Fishing Community has moved the Bombay High Court seeking compensation for the loss caused by the Mumbai Trans Harbour Link (MTHL), also known as Atal Bihari Vajpayee Atal Setu.

The petition has been filed by Mari Aai Machimar Sahkari Sanstha Maryadit, which represents the Koli fisherfolk community from various villages, including Vashigaon, Juhugaon, Koparkhairane, Ghansoli, Gothivali, Diva, and Belapur.

The petitioners have claimed that the construction and operation of the Mumbai Trans Harbour Sealink (or Atal Setu) over Thane Creek has caused the fishermen to lose their livelihood due decline of fish production.

The plea stated that 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.

Furthermore, it stated that although the authorities have admitted that compensation ought to be paid, they have failed to provide it. The plea asserts that the fundamental rights under Articles 14, 19, and 21 of the Constitution of India, 1950, as well as the customary easementary rights of the fisherfolk community, are being violated.

The petition added that the petitioners have acquired customary rights or customary easementary rights over the creeks.

“That 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 petition is listed for hearing on August 28 before the division bench of Justice BP Colabawalla and Justice Firdosh Pooniwalla.

Case title: Mari Aai Machimar Sahkari Sanstha Maryadit vs MMRDA & Ors