Supreme Court allows Great Nicobar project challenge to proceed in Calcutta HC

NEW DELHI: The Supreme Court on Monday refused to halt proceedings in the Calcutta High Court challenging the ₹92,000 crore Great Nicobar project, allowing the petitions to be heard on 25-26 November in a setback for the Centre.

A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana declined to interfere with the proceedings, which concern environmental and other statutory issues raised in public interest petitions against the mega infrastructure project.

The apex court noted that the case raises issues of public interest, including tribal rights and cultural identity, and indicated that the high court should examine the environmental concerns surrounding the project.

The Centre had approached the Supreme Court after the Calcutta High Court on 6 May rejected its preliminary objection to the maintainability of the petitions. The central government had questioned the locus standi of petitioner Meena Gupta, a retired IAS officer residing in Hyderabad, to challenge the project in the Andaman and Nicobar Islands.

The Centre argued that Gupta had no direct cause of action in the islands and therefore could not maintain the public interest litigation.

The high court rejected that argument, holding that public interest litigation could be pursued by a member of the public where vulnerable or disadvantaged communities were unable to approach the court themselves. It also took note of Gupta's previous association with tribal welfare and her connection with issues concerning the Andaman and Nicobar Islands.

The high court also held that the project's national importance and the scale of expenditure involved did not place it beyond judicial scrutiny.

Emails seeking comments from the Ministry of Environment, Forest and Climate Change remained unanswered until press time.

The project is envisaged as a major strategic and infrastructure initiative aimed at strengthening connectivity and economic activity on Great Nicobar Island, which is located close to the Strait of Malacca, a key global maritime trade route.

But its environmental footprint has drawn criticism. The challenges broadly concern forest diversion and tree felling, damage to coral reefs and mangroves, threats to leatherback turtle nesting sites and endemic wildlife, compliance with coastal-zone regulations, the adequacy of ecological studies and the project's cumulative impact on the island's fragile ecosystem, according to the petitioners' submissions before the National Green Tribunal (NGT) and the Calcutta High Court.

The project has also been challenged over alleged violations 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 separate proceedings earlier this year, the NGT cleared the way for the project while directing authorities to ensure strict compliance with 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 move ahead without further judicial intervention on the environmental and statutory issues raised by the petitioners.