Supreme Court pulls up Bombay High Court for directing MSRDC to pay Rs 10 crore to fisherfolk affected by Thane creek project

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A Supreme Court bench of Justices MR Shah and BV Nagarathna on Wednesday pulled up the Bombay High Court for directing the high court registry to release an amount of Rs.10 crores deposited by Maharashtra State Road Development corporation as interim payment to the fishermen affected by the Thane creek bridge work near Vashi, Mumbai. Court expressed its displeasure over the order of the court as the matter has not reached finality as yet.

A division bench of Bombay High Court consisting of Justices S J Kathawalla and Milind Jadhav had, in February, directed the Maharashtra State Road Development Corporation (MSRDC) to deposit Rs 10 crore in the court, after being informed that despite directions passed in August 2021 for a committee to be set up to determine the compensation amount for the affected fishermen, there was no progress on it.

The high court had, in March, directed the Registrar of the High Court to disburse Rs 10 crore deposited by the MSRDC to  ‘Mariyayi Macchimaar Sahkari Sanstha Maryadit’, a co-operative society of fishermen. The high court had further directed the society to distribute the amount to the people affected by the project.

When the matter came up for hearing, Mukul Rohatgi, Sr. Adv, appearing for MSRDC, submitted that the Registrar of Bombay High Court had released cheque of Rs.10 crores in the name of the society despite being informed that the order was being challenged before the Bombay High Court.

He further submitted that it would be now difficult for MSRDC to get its money back should the case be decided in its favour.

Court, on hearing the parties, restrained the society from disbursing any further amount and said that payment already made shall be subject to the outcome of this special leave petition.

Court further expressed its displeasure over such orders being passed by the court even before the matter could be decided.

Case title: Maharashtra State Road Development Corporation Vs Mariyayi Macchimaar Sahkari Sanstha Maryadit