Calcutta HC Agrees to Hear PILs Challenging Forest Rights Clearance for Great Nicobar Project
The Calcutta High Court’s circuit bench in Port Blair has agreed to hear three public interest litigations filed by retired bureaucrat Meena Gupta, challenging key clearances for the Great Nicobar mega-project. The court overruled preliminary objections raised by the Centre and the Andaman and Nicobar Islands administration, which argued that Gupta lacked locus standi as a non-resident without tribal authorization. Justice Sujoy Paul’s bench ruled that there is no strict rule regarding standing, noting Gupta’s prior involvement in drafting the Forest Rights Act (FRA) 2006 and her interest in protecting vulnerable tribal groups. The petitions challenge the validity of Gram Sabha resolutions consenting to the diversion of over 166 square kilometers of forest land, including protected areas. Additionally, the court accepted challenges regarding the reduction of buffer zones for Galathea and Campbell Bay National Parks, rejecting claims of re-litigation despite previous National Green Tribunal orders. The Rs 81,000-crore project includes a transshipment port, airport, and power plant. The court emphasized that large expenditures must comply with governing laws and remain subject to judicial review, without currently entering into the merits of the project's national importance.
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Calcutta HC Agrees to Hear PILs Challenging Forest Rights Clearance for Great Nicobar Project
The Calcutta High Court’s circuit bench in Port Blair has agreed to hear three public interest litigations filed by retired bureaucrat Meena Gupta, challenging key clearances for the Great Nicobar mega-project. The court overruled preliminary objections raised by the Centre and the Andaman and Nicobar Islands administration, which argued that Gupta lacked locus standi as a non-resident without tribal authorization. Justice Sujoy Paul’s bench ruled that there is no strict rule regarding standing, noting Gupta’s prior involvement in drafting the Forest Rights Act (FRA) 2006 and her interest in protecting vulnerable tribal groups. The petitions challenge the validity of Gram Sabha resolutions consenting to the diversion of over 166 square kilometers of forest land, including protected areas. Additionally, the court accepted challenges regarding the reduction of buffer zones for Galathea and Campbell Bay National Parks, rejecting claims of re-litigation despite previous National Green Tribunal orders. The Rs 81,000-crore project includes a transshipment port, airport, and power plant. The court emphasized that large expenditures must comply with governing laws and remain subject to judicial review, without currently entering into the merits of the project's national importance.
The Indian Express