Great Nicobar project: Supreme Court dismisses Centre’s objection to maintainability of PILs in Calcutta High Court

On Monday, the Supreme Court declined to entertain the objections raised by the Center concerning the maintainability of a petition (PIL) filed before the Calcutta High Court against the clearance for the Great Nicobar project. A bench led by Chief Justice Surya Kant, comprising Justices Joymalya Bagchi and V Mohana, instructed the High Court to make efforts to decide the matter on the dates set, November 25-26.

In February this year, the National Green Tribunal (NGT) had cleared the path for the government's Rs 81,000-crore Great Nicobar mega infrastructure project, highlighting its "strategic importance" and mentioning that there were "adequate safeguards" in the project's environmental clearance. The Center challenged the maintainability of the PIL in the Calcutta High Court, but their objections were dismissed. The Center subsequently approached the Supreme Court.

Attorney General R Venkataramani argued before the Supreme Court that the PIL was an important matter and that the center wanted to keep the door open for maintaining the petition. The center argued that there were multiple petitions challenging the matter, and that the concerns of the tribals were not being addressed by the court. The center urged the court not to dismiss the maintainability of the petition.

Meena Gupta, representing the respondent in the High Court, contended that the center had requested the High Court to list the PIL for a final hearing. She argued that the PIL was maintainable as it involved the issue of Particularly Vulnerable Tribal Groups. Justice Bagchi stated that the preservation of culture is a constitutionally protected fundamental right.

He also questioned whether the Great Andamanese, who have now become integrated with the mainstream population, would still retain their unique identity and culture. The court ultimately left the decision to the High Court, noting that similar matters were also pending there.