GS 2: PolityGS 3: Environment & EcologyGS 2: Governance

Calcutta HC rejects Centre’s objections to pleas against Great Nicobar project, Pg10

Calcutta HC allows plea against Great Nicobar project, rejecting Centre's objections on locus standi and FRA violations.

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Key Highlights:

  • 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.
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