Supreme Court allows Great Nicobar Project challenge to proceed in Calcutta HC | Today’s news
NEW DELHI: The Supreme Court on Monday refused to stay the proceedings in the Calcutta High Court which had challenged it ₹92,000 crore Great Nicobar project, which allowed the petitions to be heard on November 25-26, a setback for the Centre.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohan declined to interfere in the proceedings, which relate to environment and other legal issues raised in public interest petitions against the mega infrastructure project.
Noting that the case raises issues of public interest, including tribal rights and cultural identity, the Supreme Court said the high court should look into environmental concerns surrounding the project.
The Center approached the Supreme Court after the Calcutta High Court on May 6 dismissed its preliminary objection to the maintainability of the petitions. The central government has challenged the standing of petitioner Meena Gupta, a retired IAS officer residing in Hyderabad, to challenge the Andaman and Nicobar Islands project.
The Center argued that Gupta had no direct cause of action in the islands and therefore could not pursue a public interest litigation.
The High Court rejected this argument, saying that a public interest litigation could be brought by a member of the public if vulnerable or disadvantaged communities could not go to court themselves. She also noted Gupta’s previous association with tribal welfare and her association with the Andaman and Nicobar Islands issues.
The Supreme Court also ruled that the national importance of the project and the scale of the related expenditure did not exempt it from judicial review.
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Emails seeking comment from the Ministry of Environment, Forests and Climate Change remained unanswered by press time.
What’s at stake?
The Great Nicobar project includes a 14.2 million equivalent unit (TEU) international container transshipment terminal, a greenfield international airport with a peak capacity of 4,000 passengers, a 450 megavolt-ampere (MVA) gas-fired solar power plant and a planned township, according to a government release.
The project is planned as a major strategic and infrastructural initiative aimed at enhancing connectivity and economic activity on Great Nicobar Island, which is located near the Strait of Malacca, a key global maritime trade route.
However, its ecological footprint has drawn criticism. The challenges generally relate to forest diversion and tree cutting, damage to coral reefs and mangroves, threats to leatherback turtle and endemic animal habitats, compliance with coastal zone regulations, the adequacy of environmental studies and the project’s cumulative impact on the island’s fragile ecosystem, according to the petitioners (National Green Tribu Court).
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The project has also been challenged for alleged violation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The petitions raise questions about the project’s impact on the ecologically sensitive island and the rights and interests of indigenous communities.
In a separate proceeding earlier this year, the NGT cleared the way for the project while also directing the authorities to ensure strict compliance with the conditions imposed under the environmental clearance.
The Calcutta High Court will now hear the petitions on 25-26. november The proceedings could determine whether the project can proceed without further court intervention on the environmental and legal issues raised by the proponents.
