Calcutta HC Upholds PIL on Great Nicobar Forest Rights Violations — Expands Locus Standi

Overview The Calcutta High Court has dismissed the Union Government’s objection to a PIL filed by retired IAS officer Meena Gupta . The petition challenges alleged violations of the Forest Rights Act in connection with the Great Nicobar infrastructure project . Key Developments The bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that “there can be no thumb rule” on locus standi in PILs, allowing persons not directly affected to raise genuine public causes. Quoting Rule 56 , the Court rejected the Union’s claim that the petitioner, a Hyderabad resident, lacked standing. The Court emphasized that large‑scale projects, even with an estimated cost of ₹72,000 crore , are not immune from judicial review. Objections based on procedural bars such as Order II Rule 2 CPC and res judicata were dismissed, as each petition arose from distinct notifications. The matters have been ordered for final hearing on June 23, 2026 . Important Facts • The petitioner, Meena Gupta , previously served as Secretary, Ministry of Tribal Affairs and contributed to the finalisation of the Forest Rights Bill. She also helped replace “Primitive Tribal Groups” with “Particularly Vulnerable Tribal Groups” ( PVTG ). • The Union Government, represented by the ASG , argued that the PILs were non‑maintainable because the petitioner was not a resident of the Andaman & Nicobar Islands and that strategic projects must prevail over judicial scrutiny. • The Court referred to Supreme Court precedents such as People’s Union for Democratic Rights v. Union of India and State of Uttaranchal v. Balwant Singh Chaudhary , underscoring that PILs serve to secure justice for communities that cannot access courts themselves. UPSC Relevance The judgment illustrates the balance between environmental protection and strategic development , a recurring theme in GS III (Environment) and GS II (Polity). It reinforces the doctrine that public‑interest litigation is a vital tool for upholding constitutional rights of tribal and forest‑dwelling communities, linking to topics on Fundamental Rights and the role of the judiciary in policy implementation. Way Forward Await the detailed judgment on 23 June 2026 to gauge the scope of judicial review over large infrastructure projects. Monitor how the Court’s interpretation of locus standi in PILs influences future filings on environmental and tribal issues. Prepare for potential policy revisions concerning buffer‑zone reductions around protected areas like Galathea and Campbell Bay National Parks.