Bombay HC seeks response to plea demanding compensation for offsite infra construction for Navi Mumbai Airport

The Maharashtra Small Scale Traditional Fish Worker’s Union filed a civil writ petition stating that they have been carrying out traditional fishing practices for generations in the area and the reclamation for the infrastructure was carried out without involving them.

The petition seeks directions to appoint an institute of repute to study the impact, compensation to members of the union affected by the construction, and a stay on the construction pending the hearing. (File Photo)

The Bombay High Court issued a notice to the City and Industrial Development Corporation (CIDCO) and others, seeking a response on a petition filed by a fishing community union of seven koliwadas in Navi Mumbai, who have sought compensation on the grounds that the construction of an offsite physical infrastructure for the Navi Mumbai International Airport has adversely affected their livelihood.

The Maharashtra Small Scale Traditional Fish Worker’s Union filed a civil writ petition stating that they have been carrying out traditional fishing practices for generations in the area and the reclamation for the infrastructure was carried out without involving them or undertaking a study to understand the impact. A division bench of Justice Revati Mohite Dere and Sandesh D Patil has issued notices to CIDCO—the nodal public agency for the development of the airport, the state environment department, Navi Mumbai International Airport and others in this regard.

“The construction of the roads and bridges across water bodies where fishing activities are carried out by members of the petitioner who are traditional fisherfolk has led to the blocking of the navigational channel of boats. Apart from this, the reclamation being carried out in the water body for the purpose of erecting the stilts of the bridge has led to the deposit of muck and silt, thereby adversely impacting the waterbody and consequently the fish stock,” said the petition filed through advocate Meenaz Kakalia.

The petition says that fishing operations carried out from seven koliwadas have been impacted, including Diwale, Vaghivali, Rodpali, Peth, Taloja, Belpada and Motha Kanda.

The petition says that the project site of the airport is spread over 1,160 hectares and two rivers—Ulwe and Gadhi—were diverted and realigned for the purpose of construction of the airport. The initial joint environmental clearance and Coastal Zone Regulation (CRZ) clearance for the airport was granted in 2010 and a separate application was made for the clearance for the offsite physical infrastructure. This included a 60m arterial road abutting the northern boundary of airport, two interchanges to the west and east of the airport and an access road from Khandeshwar railway station.

The petition says the Maharashtra Coastal Zone Management Authority (MCZMA) had recommended the project for clearance in 2011 with a condition that the hydraulic flow of the water from the river along the road should be studied properly but it was never carried out.

The construction work began in 2024 and the petition states that the fishing community members noticed that a substantial part of the estuary of the Panvel creek was being reclaimed.

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The fishermen had written to CIDCO and others on July 7 this year, pointing out that construction activities for the offsite infrastructure had substantially affected fishing activities, requesting compensation. While MCZMA had directed CIDCO to examine the request, the agency did not respond to the letter. Another request was made in August, with a reminder by MCZMA, to which they received a response on October 30 from CIDCO, denying that there was any damage due to the construction of the slit bridge and rejecting the claim for compensation, following which they filed the petition.