The Calcutta High Court rejected the Union government's objections to petitions against the ₹92,000-crore Great Nicobar Island project.
The court dismissed the Centre's argument that the petitioner, Meena Gupta, lacked the locus standi.
Detailed Insights:
Meena Gupta, a retired IAS officer, filed petitions challenging Gram Sabha resolutions consenting to forest land diversion.
The petitions question the validity of the certificate issued by the Andaman and Nicobar Islands administration regarding FRA rights.
The Centre argued the project's "national importance" should prevent PIL challenges, but the court emphasized adherence to governing laws.
The court dismissed the argument that the National Green Tribunal (NGT) had already ruled on the issue, stating the petitions were distinct.
The petitions also question the notifications reducing the buffer zones for both the Campbell Bay and Galathea Bay National Parks.
Key Concepts Involved:
Locus Standi: The right or ability to bring a legal action to a court of law.
Forest Rights Act (FRA): Indian legislation to recognize and vest the forest rights and occupation of forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers.
Res Judicata: A matter that has been adjudicated by a competent court and may not be pursued further by the same parties.