The Calcutta High Court on Friday upheld the maintainability of a Public Interest Litigation (PIL) alleging violations of the Forest Rights Act (FRA) in the Great Nicobar infrastructure project. The court observed that the tribal population in the Andaman and Nicobar Islands constitutes a very vulnerable tribal group, not ordinarily accessible to common men.
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen rejected the Centre's argument that the petitioner, Meena Gupta, a resident of Hyderabad, lacked locus standi to file a PIL concerning a project of great national importance, valued at Rs 72,000 crore. The bench held that Gupta was espousing the cause of a very vulnerable tribal community and listed the matter for further hearing on June 23.
During the proceedings, Additional Solicitor General Ashoke Chakraborty argued on the question of locus standi, submitting that the petitioner did not make any tribal person a party to the case nor was she authorized by a tribal individual to file the petition. He emphasized that the project is of great national importance, involving port, airport, power station, and defense infrastructure, among others, and costs Rs 72,000 crore, thus its national importance cannot be questioned in a PIL.
However, the bench held that as per Rule 56 of the FRA, if a legal wrong has been caused to a person or a class of persons and their constitutional or legal rights are breached, their protection can be sought through a PIL. The court noted that Gupta served as secretary to the Government of India in the Ministry of Tribal Affairs (MOTA) and has extensive experience in the sectors of environment, forests, tribal affairs, labor, and health. Additionally, during her childhood, she spent a few years in the Andaman and Nicobar Islands.
The division bench further noted that Gupta was involved in drafting a bill that ultimately became the Forest Rights Act, 2006. At that time, she was posted as secretary in the Ministry of Tribal Affairs, Government of West Bengal. Thus, she was closely associated with, concerned about, and interested in the lives of the tribal community, the court observed.
