‘Tribals vulnerable’: Cal HC admits PIL on Great Nicobar project

Kolkata: Calcutta High Court on Friday upheld the maintainability of a PIL alleging Forest Rights Act violations in the Great Nicobar infrastructure project and observed that "the tribal population in Andaman and Nicobar Islands is a very vulnerable tribal group and not ordinarily accessible to common men".A division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen rejected the Centre's argument that petitioner Meena Gupta, being a resident of Hyderabad, had no locus standi to file a PIL on "a Rs 72,000 crore project of great national importance".The HC held that the petitioner was "espousing the cause of the very vulnerable tribal community" and listed the matter for hearing on June 23.Arguing on the question of locus standi, additional solicitor general Ashoke Chakraborty submitted that the petitioner did not make any tribal person party nor was she authorised by a tribal person to file the case.It was stressed that the "project is of great national importance and related to port, airport, power station and defence infrastructure, amongst others. It costs Rs 72,000 crore and hence, its national importance cannot be questioned in a PIL."The bench, however, held that as per Rule 56 of 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 for in a PIL".Gupta served as secretary to the Government of India in the ministry of tribal affairs (MOTA). It was stated that she has served extensively in the sectors of environment, forests, tribal affairs, labour and health. During her childhood, she spent a few years in the Andaman and Nicobar Islands.The division bench noted that Gupta was involved in the matter of drafting a bill which ultimately took the shape of the FRA, 2006. At that time, she was posted as secretary in the ministry of tribal affairs, Government of West Bengal. "Thus, she was closely associated, concerned and interested in the life of the tribals," it was noted.
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