Supreme Court Backs Calcutta HC on Great Nicobar PIL

In a significant ruling, the Supreme Court of India has opted not to entertain the Union Government's challenge against a Calcutta High Court order that upheld the maintainability of a Public Interest Litigation (PIL) related to the Great Nicobar Island mega-infrastructure project. The PIL alleges violations of the Forest Rights Act in obtaining necessary consents for the project, which has raised concerns among tribal communities. The Supreme Court has urged the Calcutta High Court to expedite its hearing on this matter, scheduled for November 25-26, 2026.

The controversy surrounding the Great Nicobar Project has been escalating, with the PIL filed by Meena Gupta, a retired IAS officer, highlighting potential infringements on the rights of Particularly Vulnerable Tribal Groups (PVTG). The Supreme Court's decision comes after the Calcutta High Court had previously ruled in favor of the PIL's maintainability, emphasizing the importance of allowing genuine public interest cases to be heard, even if the petitioners are not directly affected.

During the proceedings, Attorney General R. Venkataramani argued that the issue at hand is of significant national importance, questioning the maintainability of the PIL and expressing concerns over the potential for multiple legal challenges. He highlighted that the environmental clearance for the project had already been contested before the National Green Tribunal. However, the Supreme Court noted that the matter is already under consideration by the High Court, which should handle it without interference.

Justice Joymalya Bagchi, part of the Supreme Court bench, raised critical questions regarding the constitutional protections afforded to indigenous communities, particularly in light of demographic changes in the Andaman and Nicobar Islands. The discussions included the integration of tribes like the Great Andamanese into mainstream society and the implications for their cultural identity. The Court emphasized that preserving the unique identity and culture of these communities is a constitutionally protected right.

Looking ahead, the Supreme Court has requested the Chief Justice of the Calcutta High Court to prioritize this case, with the next hearing set for late November. The outcome of this case could have significant implications for the future of the Great Nicobar Project and the rights of tribal communities in the region, as it addresses the intersection of development and indigenous rights.