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GS2 — Polity & Governance

Calcutta HC to Hear PILs on Great Nicobar Project

1 min read6 Key Facts

Why in News

The Calcutta High Court's Port Blair bench will hear PILs challenging the Great Nicobar megaproject clearance. The petitions allege violations of Forest Rights Act and impact on tribal communities, despite prior NGT clearance.


Background

This case highlights the critical balance between large-scale development projects, environmental protection, and the rights of indigenous communities. It underscores the judiciary's role in upholding constitutional and statutory safeguards.


Key Figure

• 2006 — Forest Rights Act enacted • 2010 — National Green Tribunal Act enacted • 243A — Article related to Gram Sabha


Key Facts

  1. 1Public Interest Litigation (PIL): Judicial innovation allowing public-spirited individuals to seek redress for public wrongs.
  2. 2Forest Rights Act (FRA), 2006: Recognizes and vests forest rights and occupation in forest-dwelling Scheduled Tribes and other traditional forest dwellers.
  3. 3Gram Sabha (Art. 243A): Central to FRA implementation, responsible for initiating the process for determining the nature and extent of individual or community forest rights.
  4. 4National Green Tribunal (NGT) Act, 2010: Established NGT as a specialized judicial body for effective and expeditious disposal of environmental cases.
  5. 5Calcutta High Court (Art. 214): Has jurisdiction over West Bengal and Andaman & Nicobar Islands.
  6. 6Shompen and Nicobarese: Particularly Vulnerable Tribal Groups (PVTGs) inhabiting the Great Nicobar Island.

Exam Angle

The judicial intervention in the Great Nicobar project underscores the constitutional imperative to balance economic development with environmental sustainability and the protection of tribal rights, necessitating robust implementation of laws like FRA and effective oversight by bodies like NGT and High Courts.


PYQ Connection

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PRELIMS_FACT: PIL, FRA 2006, NGT Act 2010, Gram Sabha, PVTGs


Map Points

📍Great Nicobar IslandAndaman & Nicobar UT📍Port BlairAndaman & Nicobar UT

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