Bombay High Court Intervenes in Fishermen's Livelihood Dispute
The Bombay High Court has officially stepped into a growing conflict between development and traditional livelihoods, issuing notices to the City and Industrial Development Corporation (CIDCO) and other authorities regarding compensation claims from fishing communities affected by the Navi Mumbai International Airport project.
A division bench comprising Justice Revati Mohite Dere and Justice Sandesh D Patil has directed CIDCO—the nodal agency for airport development—along with the state environment department and Navi Mumbai International Airport authorities to respond to a petition filed by the Maharashtra Small Scale Traditional Fish Worker's Union.
Centuries-Old Fishing Practices Disrupted
The heart of the dispute lies in the construction of offsite physical infrastructure for the airport, which the fishing community claims has severely impacted their traditional way of life. According to the petition filed through advocate Meenaz Kakalia, the union represents residents from seven koliwadas—traditional fishing villages—including Diwale, Vaghivali, Rodpali, Peth, Taloja, Belpada and Motha Kanda.
The petition states that generations of fisherfolk have practiced traditional fishing in these waters, but the recent infrastructure development has been carried out without their consultation or proper environmental impact assessment. The construction specifically involves roads and bridges across water bodies where fishing activities traditionally occur.
Environmental and Navigational Concerns
The legal challenge highlights multiple environmental issues caused by the construction. The navigational channels for fishing boats have been blocked, making it difficult for fishermen to access their traditional fishing grounds. Additionally, reclamation work in water bodies for bridge stilts has led to significant deposits of muck and silt, adversely affecting water quality and fish stocks.
Notably, the petition reveals that the airport project spans 1,160 hectares and required the diversion and realignment of two rivers—Ulwe and Gadhi. While initial environmental and Coastal Zone Regulation clearances were granted in 2010, the offsite infrastructure including a 60-meter arterial road, two interchanges, and an access road from Khandeshwar railway station received separate clearance applications.
The Maharashtra Coastal Zone Management Authority (MCZMA) had recommended the project in 2011 with a crucial condition: proper study of hydraulic flow from rivers along the road. The petition claims this vital study was never conducted.
Failed Negotiations Lead to Legal Action
The fishing community's journey to the courtroom followed multiple attempts at resolution. Fishermen first wrote to CIDCO on July 7, 2024, highlighting how construction activities were substantially affecting fishing operations and requesting compensation.
When MCZMA directed CIDCO to examine these concerns, the agency failed to respond. A follow-up request in August, accompanied by an MCZMA reminder, eventually received a response on October 30, 2024, where CIDCO denied any damage from the slit bridge construction and rejected compensation claims.
This rejection prompted the fishing community to approach the High Court, seeking three primary remedies:
- Appointment of a reputable institute to study the environmental impact
- Compensation for union members affected by construction
- Stay on construction activities pending court hearing
The case is scheduled for hearing in January, marking a critical juncture in balancing urban infrastructure development with the protection of traditional livelihoods and environmental conservation.
