Great Nicobar project: Supreme Court rejects govt’s plea, fast-tracks HC scrutiny
Supreme Court Speeds Up Great Nicobar Project Case
Bharatmorningnews.com – The Supreme Court has declined to interfere with a public-interest case challenging approvals linked to the Great Nicobar project, while asking the Calcutta High Court to hear the matter expeditiously. The dispute concerns the proposed ₹920-billion development on Great Nicobar Island and its possible impact on indigenous communities.
A three-judge bench led by Chief Justice of India Surya Kant said the case could not be decided only by examining whether former IAS officer Meena Gupta had the right to file the petition. Instead, the high court must consider whether the challenge should continue and be assessed on its merits.
Justices Joymalya Bagchi and V Mohana were also on the bench. The Centre and the Andaman and Nicobar administration had challenged a May 6 order of the Calcutta High Court’s circuit bench in Port Blair.
High Court asked to complete hearing promptly
The Supreme Court did not rule on the underlying objections to the Great Nicobar project. However, it noted that both sides wanted an early decision and asked the high court’s chief justice to ensure the proceedings move quickly.
“We will request the chief justice of the high court to decide this expeditiously,” the bench said.
Senior advocate S Muralidhar, appearing for Gupta, said the matter had already been listed before the high court for November 25 and 26. The Supreme Court asked the high court to complete pleadings and make every effort to conclude the hearing at the earliest.
The Centre had questioned whether Gupta could maintain the petition, arguing that no forest-dwelling tribal resident had authorised her to challenge the approvals. The Calcutta High Court rejected that objection, referring to her previous service in the Union ministries of tribal affairs and environment, her role in drafting the Forest Rights Act, 2006, and her earlier association with the islands.
Indigenous rights remain central to the case
The petition challenges statutory approvals for the Great Nicobar project, arguing that they affect the legal and customary rights of the indigenous Shompen and Nicobarese communities. Muralidhar told the court that tribal councils had sought to participate and that community members had raised concerns about whether they were heard before approvals were granted.
Attorney General R Venkataramani, appearing with Additional Solicitor General Aishwarya Bhati, said the tribal communities had been consulted. The bench nevertheless stressed the importance of safeguarding indigenous people and their distinctive way of life.
“They are unique tribes, and they need preservation,” the bench observed.
The judges also asked whether the Shompen should be able to retain their cultural identity if they wished to do so. The court described cultural preservation as constitutionally protected and linked it to the broader need to safeguard ecology and vulnerable communities.
National-security considerations were acknowledged during the hearing, but the bench said they should not automatically be treated as the same as commercial development. That distinction may be significant as the high court examines the Great Nicobar project challenge in detail.
“There has to be filtration between security of the State and commercial exploitation,” the bench observed.
FAQ: Great Nicobar project case
What did the Supreme Court decide? The Supreme Court did not stop the case. It asked the Calcutta High Court to hear and decide the challenge quickly.
Which communities are involved in the concerns raised before the court? The petition refers to the Shompen and Nicobarese communities and raises questions about their rights, consultation and cultural protection.
Will the Supreme Court decide the project’s merits now? No. The Supreme Court has left the substantive issues for the Calcutta High Court to examine during its expedited hearing.