HC slams Maharashtra govt over road project in Raidad

04 Aug 2022 CW Team

The Bombay High Court has come down hard on the departments of the Maharashtra government plan and execute infrastructure projects, saying, “This entire approach of the State Government towards planning prima facie appears to us to be faulty.”

The bench of Justices G S Patel and Gauri Godse was hearing a petition filed by 134 traditional fishermen (Kolis) from the village of Uran Koliwada in Raigad District. The principal concern was that the proposed Uran Bypass Road at Uran Koliwada would materially affect the petitioners’ traditional fishing rights.

During earlier hearings, every time the court sought a response from the Maharashtra government, it only got a request for an adjournment. The government also claimed the fishermen would not be impacted.

However, now the state government through its pleader told the bench that the “Fisheries Department will make a survey. Then there will be a report. Then there will be an assessment of compensation.”

This response shocked the bench. “This is not what we expect to be told. We do not see how the project alignment could have been decided before doing a survey and before assessing the possible impact on persons such as the petitioners. It surely stands to reason that any such survey would have had to be done first … further, if the statement is that the petitioners will be given ‘compensation’, then that necessarily implies that there is in fact an adverse impact on the petitioners as a result of the project. The state government cannot simultaneously say that there is no impact and also say that compensation will be given,” the bench observed.

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