On 30 October 2026, the Union Ministry of Tribal Affairs told the Calcutta High Court that four Nicobarese applicants were not “necessary or proper parties” in a forest-rights case concerning Great Nicobar Island. It said they bypassed remedies under the Forest Rights Act (FRA) and applied after an unexplained delay.
Arguments over forest-rights recognition
Barnabas Manju, Titus, Hosie and Hopeful seek to join former IAS officer Meena Gupta’s public-interest litigation. It challenges the Sub-Divisional Level Committee’s constitution, Gram Sabha resolutions and the forest-rights certificate issued on 18 August 2022. The Centre says official respondents represented community interests and the Tribal Council had representation on the committee.
The Centre says Gram Sabhas in Campbell Bay, Laxmi Nagar and Govind Nagar met on 12 August 2022 and due process was followed. The applicants allege no Nicobarese Gram Sabha considered diversion of ancestral forest land. Manju says he learnt of his committee membership at an August 13 meeting and withdrew his no-objection certificate on 22 November, citing inadequate information.
Project and court proceedings
On 5 October 2026, the Supreme Court declined the Union government’s plea to stay the proceedings, stating that preservation of indigenous culture is a constitutionally protected fundamental right. The High Court scheduled its next hearing for 25–26 November 2026. The proposed ₹81,000-crore project covers 166 sq km and includes a transhipment port, international airport, township and power infrastructure.
Important Facts for Exams
- Claim sequence: Under the Forest Rights Act, the Gram Sabha recommends which rights should be recognised; sub-divisional and district-level bodies then screen and approve its resolution.
- Screening committees: Forest Rights Act screening committees combine three officials from Forest, Revenue and Tribal Welfare departments with three elected local-body members; they also hear appeals.
- Scheduled Tribe eligibility: A Forest Dwelling Scheduled Tribe claimant must belong to a Scheduled Tribe in the area claimed, have resided there before 13 December 2005 and depend on forests for livelihood.
- Traditional-dweller threshold: Other Traditional Forest Dwellers must show residence on forest land for three generations—75 years—before 13 December 2005 to meet the stated residence test.
