Centre asks Supreme Court to pause Great Nicobar project litigation

The Union government has approached the Supreme Court seeking a stay on proceedings in the Calcutta High Court concerning the ₹92,000-crore Great Nicobar Island project. The petitions before the High Court allege that provisions of the Forest Rights Act were violated while obtaining consent for the diversion of forest land. The Centre has asked the Supreme Court to suspend the High Court’s proceedings and its order clearing the way for a final hearing.

The government, through the Ministry of Environment, Forests and Climate Change, has argued that petitioner Meena Gupta has no locus standi. It has described the challenges as an abuse of process and said the government is duty-bound to ensure that national growth is not halted by claims brought by private individuals. On May 6, the High Court rejected the Centre’s preliminary objection.

Its judges said Gupta had sufficient interest in the matter and was pursuing the cause of a vulnerable tribal community. Gupta is a retired civil servant who served as Secretary in the Environment and Tribal Affairs Ministries and was involved in drafting the legislation that became the Forest Rights Act. The High Court also said the project’s cost and national importance did not remove it from judicial review.

It held that a major project must comply with the laws governing it. Supreme Court records show that the special leave petition was filed on July 24 and listed for tentative hearing on October 5. Meanwhile, High Court records indicate that the Centre had agreed by September 24 to final hearings on November 25 and 26.

Gupta’s petitions challenge village council resolutions, a committee formed under the Forest Rights Act, and notifications reducing buffer zones around Campbell Bay and Galathea Bay national parks.