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GS2 — Polity & Governance

Calcutta HC to Hear PILs on Great Nicobar Project Clearance

1 min read6 Key Facts

Why in News

Calcutta High Court's Port Blair bench will hear PILs challenging the Great Nicobar megaproject clearance. Petitions allege violations of Forest Rights Act and reduction of buffer zones, despite prior NGT clearance.


Background

This case highlights the conflict between large-scale development projects and environmental protection, tribal rights, and judicial oversight. It tests the implementation of critical laws like FRA and the role of environmental tribunals.


Key Facts

  1. 1Forest Rights Act (FRA), 2006: Recognizes rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers.
  2. 2National Green Tribunal (NGT) Act, 2010: Established NGT for effective and expeditious disposal of environmental cases.
  3. 3Art. 21: Right to life and personal liberty, interpreted by SC to include right to a clean environment.
  4. 4Art. 48A (DPSP): State shall endeavor to protect and improve the environment and safeguard forests and wildlife.
  5. 5Shompen and Nicobarese: Particularly Vulnerable Tribal Groups (PVTGs) residing in Great Nicobar Island.
  6. 6Public Interest Litigation (PIL): Judicial innovation allowing public-spirited citizens to seek legal remedy for public wrongs.

Exam Angle

The case underscores the critical governance challenge of balancing economic development with the protection of fragile ecosystems and the rights of indigenous communities, necessitating robust environmental impact assessments and adherence to statutory provisions.


PYQ Connection

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MAINS_ANALYTICAL: NGT vs High Court jurisdiction; environmental clearance vs tribal rights.


Map Points

📍Great Nicobar IslandAndaman and Nicobar Islands📍Calcutta High CourtPort Blair Bench

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