Great Nicobar Project: Locus Standi, Judicial Review and Ecological Concerns
Context
The Union Government approached the Supreme Court seeking a stay on proceedings related to the Great Nicobar development project. It argued that the petitioner did not have the required locus standi and that the litigation amounted to an abuse of the legal process.
Key Highlights
- The project includes the development of a port, airport, township and power infrastructure on Great Nicobar Island, which is both ecologically and strategically sensitive.
- The proposed development may have implications for forest areas, coastal ecosystems, leatherback turtle nesting sites, endemic species and the island’s vulnerability to earthquakes and tsunamis. It may also affect indigenous communities, including the Shompen and Nicobarese.
- Environmental public interest litigation has traditionally adopted a flexible approach towards locus standi. This is particularly relevant because ecological damage can affect large sections of society, while future generations cannot approach courts to protect their own interests.
- Courts are not expected to replace expert environmental bodies in technical assessments. However, judicial review can examine the legality of decisions, the adequacy of cumulative impact assessments, consultation processes, transparency and compliance with environmental clearance conditions.
Key Concepts
Precautionary Principle; Intergenerational Equity; Public Trust Doctrine; Environmental Impact Assessment; Carrying Capacity; Locus Standi
Way Forward
- Undertake transparent assessments of cumulative environmental and disaster-related risks.
- Identify and protect ecologically sensitive and no go areas.
- Ensure meaningful participation and consultation with affected communities wherever applicable.
- Make compliance and environmental monitoring data publicly accessible.
- Strengthen independent monitoring mechanisms and adopt adaptive safeguards based on emerging environmental risks.