The Supreme Court on Monday refused to dismiss a legal challenge to the statutory approvals granted for the Centre’s ambitious Great Nicobar Island project and asked the Calcutta High Court to hear the matter on priority.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing the Centre and Andaman and Nicobar administration’s challenge against a May 6 order of the Calcutta High Court’s circuit bench at Port Blair. The high court had allowed a PIL filed by former IAS officer Meena Gupta to proceed.
The project, estimated at around Rs 92,000 crore, includes an international container transhipment terminal, a greenfield airport, a power complex and an urban township.
SC stresses protection of tribal culture
The Supreme Court highlighted the rights of the indigenous Shompen and Nicobarese communities, whose way of life has emerged as a key issue in the legal challenge.
Gupta, a former secretary in the Union tribal affairs and environment ministries who was involved in drafting the Forest Rights Act, 2006, has questioned whether the project approvals comply with the law and protect the rights of the island’s indigenous communities.
Senior advocate S Muralidhar, representing Gupta, told the court that tribal councils wanted to intervene, arguing that the communities had not been adequately heard before the approvals were granted. Attorney General R Venkataramani, assisted by Additional Solicitor General Aishwarya Bhati, disputed the claim.
The bench stressed the distinctive status of the tribes.
“They are unique tribes, and they need preservation,” the bench observed.
It further asked: “The question is, Shompen tribes, if they want to preserve their uniqueness, should they be able to do so?”
The court also underlined the constitutional dimension of protecting indigenous culture.
“Preservation of culture is a constitutionally protected fundamental right. When you talk about an eco park, it is about ecology. Tribal culture must receive constitutional protection,” the bench said.
HC asked to decide challenge quickly
The Centre described the project as being of “utmost importance to the nation”, citing its strategic significance.
The Supreme Court, however, said national security considerations should not be conflated with commercial development.
“There has to be filtration between security of the State and commercial exploitation,” it observed.
The bench did not examine the merits of the challenge at this stage. Instead, it asked the Calcutta High Court to expedite the proceedings.
“We will request the chief justice of the high court to decide this expeditiously,” it said.
The project involves diversion of about 130.75 sq km of forest land and the felling of thousands of trees, according to government estimates cited during the proceedings. The Shompen, classified as a Particularly Vulnerable Tribal Group, continue to maintain a largely isolated way of life in the island’s forests.