The Supreme Court on Monday declined to delve into the Central government's objections on the maintainability of petitions before the Calcutta High Court that challenge the Great Nicobar Project.
A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana noted that the High Court has declined to dismiss the petitions at the threshold and listed the matter for hearing on November 25 and 26. It urged the High Court to decide the matter on the two dates.
"That being so, the High Court may take necessary steps to complete pleadings in the other matters meanwhile and make an endeavour to hear the cases on the dates fixed," the Court directed.
The Great Nicobar Project includes a 14.2 million twenty foot equivalent unit (MTEU) International Container Transhipment Terminal, a Greenfield International Airport (4000 Peak Hour Passengers-PHP), a 450 MVA gas–solar power plant, and a planned township.
It has been challenged before the Calcutta High Court on the grounds of environmental concerns and alleged violation of the Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006.
The Central government had moved the top court after the High Court rejected the Central government's objections against the locus standi (right to bring a legal action before a court of law) of one of the petitioners.
Today, Attorney General for India R Venkataramani said the High Court should not have ignored the objections against maintainability of the petitions
"I know this is a little technical, but this is such an important matter on which somebody comes and files a petition years later, and then three different petitions try to challenge it in three different ways. Then they say the tribals are affected and they are not before the Court. Now they have got impleaded. Therefore, this petition should not be there before the High Court at all. This question of maintainability goes to the root of the matter. If I am able to place something more regarding maintainability, please allow us to place that submission. Allow us to make that submission. Do not close the door on maintainability because something very important turns on that. I just want to keep the door open," he said.
Senior Advocate S Muralidhar appearing for the respondents (petitioner before High Court) submitted that the Central government counsel itself had asked the High Court to list the matter for final hearing.
"Thrice they took time, and at the last hearing two ASGs appeared and asked the Court to fix it for final hearing. Two ASGs representing the Union of India. The matter is fixed for final hearing on November 25 and 26," he said.
He added that tribal communities were before the High Court.
"The Tribal Council themselves have filed an application for impleadment. The two main tribes who are there, the Shompens and the Great Nicobarese, were not heard," Muralidhar said.
Justice Bagchi said that issues of public interest will have to be kept open in the matter. The judge also noted that the matter involves tribal rights.
"Otherwise, what happens is, if you see the demography of the entire Andaman and Nicobar, the Great Andamanese have become integrated with the population. This is what is happening with the Shompen tribe. Do they become integrated completely with the mainstream, or do we keep them with their unique identity and the identity of their culture? Preservation of culture is a constitutionally protected fundamental right," Justice Bagchi said.
At this, Venkataramani said,
"We are not talking about those vulnerable tribes. We are talking about people who are integrated into the mainstream."
Ultimately, the Central government also agreed to having the matter be decided by the High Court.
"Let all the matters be decided," Additional Solicitor General Aishwarya Bhati said.