Sri Vijaya Puram, Aug. 6: The National Green Tribunal (NGT) has sought responses from the Union government and other authorities on a petition alleging that land notified as Protected Forest in the Nicobar district has been allotted, diverted and utilised for non-forestry purposes without obtaining the mandatory prior approval of the Central Government under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. The Tribunal has also directed the Superintendent of Police, Nicobar, not to act on a disputed administrative communication in violation of environmental laws until further orders.
Hearing Original Application No. 171/2026/EZ filed by Naresh Chaudhary under Sections 14 and 18 of the National Green Tribunal Act, 2010, a Bench of Judicial Member Arun Kumar Tyagi and Expert Member Ishwar Singh observed that the petition “raises substantial questions relating to environment” concerning the implementation of environmental laws governing the allotment and use of protected forest land in the Nicobar district.
Finding that the matter warranted examination, the Tribunal issued notices to the respondents and directed them to file their replies before the next hearing scheduled for August 14, 2026.
The petition seeks directions to clarify whether the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 applies to land allotments within Protected Forests in the Nicobar district. It also seeks to restrain authorities from processing or approving non-forestry use of protected forest land without prior Central approval, declare that powers exercised under the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956 do not override the requirements of the forest conservation law, examine previous allotments and diversions of protected forest land, restore any land found to have been diverted in violation of the law, and ensure future compliance with applicable forest legislation.
According to the application, the Andaman and Nicobar Administration promulgated the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956 to safeguard the social and economic interests of indigenous tribal communities. The application states that tribal reserves were notified in 1957, while 22 islands in the Nicobar district were declared Protected Forests under Section 29 of the Indian Forest Act, 1927 through a notification issued on March 11, 1967. It further refers to the Andaman and Nicobar Islands Protected Forest Rules, 1967 and the Protected Forest Rules, 1986, which require consultation with the Forest Department and prior approval of the Government of India before protected forest land is allotted for non-forestry purposes.
The application further states that concerns over the diversion of protected forest land first surfaced in a letter dated June 10, 2025, issued by the Divisional Forest Officer, Nicobar Division, regarding the proposed construction of rainfed ponds under the Mission Amrit Sarovar Scheme. It also says that the Additional Principal Chief Conservator of Forests sought clarification from the Ministry of Environment, Forest and Climate Change on whether the forest conservation law applied to such allotments. Instead of expressing its view, the Ministry asked the Andaman and Nicobar Administration to provide background information and supporting documents for examination.
According to the petition, the issue was subsequently discussed during meetings of the Andaman and Nicobar Land Allotment Committee on December 17, 2025, and January 27, 2026. The application alleges that the committee recommended land allotments without accepting the requirement of prior Central approval under the forest conservation law. It also refers to a January 29, 2026, letter in which the Deputy Commissioner, Nicobar, requested the Superintendent of Police to examine the conduct of the Divisional Forest Officer.
Alongside the main application, the petitioner sought interim relief to stay the operation of the January 29 communication, contending that it undermined the independent discharge of statutory duties by forest officials responsible for protecting notified forests.
While issuing notice on the interim application, the Tribunal invoked the precautionary principle under Section 20 of the National Green Tribunal Act, 2010 and observed that, pending further orders, the Superintendent of Police, Nicobar, shall “desist from taking any action” on the January 29 letter in violation of the environmental enactments specified in Schedule I of the Act.
The Tribunal directed that copies of its order be sent by email to the District Magistrate, Nicobar, and the Superintendent of Police, Nicobar, for compliance. The matter will be taken up again on August 14, 2026.
