Supreme Court refuses to stay proceedings against Nicobar project

The Supreme Court of India has refused to stay Calcutta High Court proceedings regarding a challenge to the Great Nicobar Island Project. The court emphasized the constitutional importance of preserving indigenous tribal culture and ecology over commercial interests.
Why it matters
The ruling sets a significant precedent for balancing large-scale national infrastructure projects against environmental and tribal rights.
Saying that “preservation of culture is a constitutionally protected fundamental right”, the Supreme Court on Monday (October 5, 2026) did not agree with a Union government plea to stay Calcutta High Court proceedings in a petition filed by former Union Environment Secretary Meena Gupta challenging the Great Nicobar Island Project as a threat to the area’s fragile ecosystem and Forest Rights Act, 2006.
A three-judge Bench headed by Chief Justice of India Surya Kant instead urged the Calcutta High Court to hear the case and decide the issues without delay.
Appearing for the Centre, Attorney General R. Venkataramani and Additional Solicitor General Aishwarya Bhati said the project worth over ₹ 72,000 crore involving a container terminal was of “immense” national importance and strategic value.
Mr. Venkataramani said there was “no loss of habitation” for the indigenous tribal population like the endangered Shompen tribe of the Great Nicobar Island.
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