The Calcutta High Court has instructed the Ministry of Environment and Forests (MoEF) to provide an affidavit within five weeks regarding a government notification dated March 12, 2021. The notification proposes the construction of an airport, a transshipment port, and a large township in environmentally sensitive areas of Great Nicobar, particularly in Galathea Bay and Campbell National Park’s zero-kilometer eco-sensitive zone. A retired IAS officer, who previously served in the tribal affairs ministry and as MoEF secretary, filed a Public Interest Litigation (PIL) to challenge the notification, claiming it exceeded the government’s authority.
The petitioner’s counsel highlighted concerns about the potential environmental impact of the proposed construction, citing potential damage to sensitive ecosystems such as mangroves, coral reefs, and the habitat of leatherback turtles. Furthermore, there is fear that the project could lead to the displacement of indigenous tribal communities, particularly the Shompen population in Great Nicobar. The additional solicitor general to the Calcutta High Court, Asoke Chakraborty, noted the delay in the PIL filing since the MoEF notification was issued in 2021, attributing it to the challenges posed by the Covid-19 pandemic and subsequent lockdowns.
Upon reviewing various issues raised in the PIL, a division bench of the Calcutta High Court directed the MoEF to explain in the affidavit how the project will contribute to environmental protection and pollution prevention as mandated by the Environment (Protection) Act, 1986. The bench also took into account concerns raised by the Wildlife Institute of India regarding a buffer zone in September 2020, which were not reflected in the minutes of the expert committee’s 44th meeting. The Chief Justice referenced a Supreme Court order emphasizing that the Centre can take actions in accordance with the Environment (Protection) Act.
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