3 weeks ago
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The Calcutta High Court has overruled the Union government’s preliminary objections to a batch of petitions alleging that it violated the Forest Rights Act portion obtaining consent for its ₹92,000 crore Great Nicobar Island project.
In an bid made nationalist connected Friday (May 8, 2026), a Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen dismissed the Centre’s statement that Meena Gupta, the petitioner successful the case, did not person the locus standi to attack the tribunal successful this matter. It directed the lawsuit to beryllium listed for last proceeding connected June 23.
Ms. Gupta is simply a retired IAS serviceman who has served arsenic Secretary to some the Tribal Affairs and Environment Ministries.
Petitioner’s interest
Over the past 2 years, she has filed a bid of petitions challenging the Gram Sabha resolutions consenting to the diversion of wood onshore for the mega-infrastructure task nether the 2006 Forest Rights Act (FRA); the constitution of a sub-divisional level committee nether the aforesaid law; and the notifications reducing the buffer zones for some the Campbell Bay and Galathea Bay National Parks. The petitions besides question the validity of a certificate issued by the Andaman and Nicobar Islands medication claiming that each rights nether the FRA person been identified and settled.
On Wednesday (May 6, 2026), Additional Solicitor General of India Ashok Kumar Chakraborty argued that Ms. Gupta did not person authorisation from the tribal colonisation of Great Nicobar Island to record the petition, adding that the petition was not maintainable due to the fact that her spot of residence was successful Hyderabad.
The tribunal ruled that successful this case, it was “clear that the petitioner has capable involvement successful the matter”, adding that “she is espousing the origin of the susceptible tribal community”.
‘National importance’
The Centre besides argued that the task was of “great nationalist importance” and that “such task of nationalist value cannot beryllium called successful question successful a [public involvement litigation] PIL”. It added: “The close of a sovereign to conception a task indispensable prevail implicit the idiosyncratic rights of its citizens.”
The Bench responded by saying, “So far, statement regarding the outgo and value of task is concerned, astatine this signifier we are not inclined to participate into the merits of the case. A task involving immense expenditure indispensable proceed successful accordance with governing laws holding the tract and it is not beyond the scope of judicial reappraisal connected permissible parameters.”
The ASG further argued that the petitions should not beryllium maintainable due to the fact that aggregate petitions were filed for prayers that could person been made successful the aforesaid petition, further positing that the National Green Tribunal had already heard and ruled connected this issue, and hence the rule of res judicata would apply. The tribunal dismissed some arguments, ruling that the petitions and issues earlier the High Court were chiseled not lone from each different but besides from the contented decided by the NGT earlier this year.
Dubious Gram Sabha consent
Over the past fewer months, the Union Ministry of Tribal Affairs has asked to beryllium dropped arsenic a responsive successful these cases, and the A&NI medication has insisted that each owed process was followed to convene the Gram Sabhas and walk resolutions consenting to the diversion of wood land.
In 1 supplementary affidavit submitted by the A&NI administration, however, attendance records from the acrophobic Gram Sabha meetings had shown that the mandated quorum of members nether the FRA had not been present.
The petitioner has besides consistently argued that the consent of the Nicobarese and Shompen tribals cannot person been sought from the Gram Sabhas, which correspond the interests of settler communities connected Great Nicobar Island. Nicobarese tribals, connected the different hand, are represented by the Tribal Council, which should person been the due authorization to consult and question consent from.
The Centre’s plans to physique an planetary instrumentality transhipment port, an airport, and a greenfield township that is intended to beryllium driven by a tourism-reliant system received Stage-I clearance successful 2022. Soon after, the Tribal Council of Little and Great Nicobar withdrew its consent for the project, alleging that its wood rights had not been settled, adding that they were facing unit from the section medication to “surrender” their ancestral wood lands and villages.
