NGT Upholds Environmental Clearance For Great Nicobar Mega Project

Syllabus: GS3/Infrastructure; Environment

Context

  • Recently, a Bench of the National Green Tribunal (NGT) cleared the way for the Great Nicobar Island mega-infrastructure project, noting that ‘considering the strategic importance’ of it and ‘other relevant considerations’.

About the Great Nicobar Project

  • It is a large-scale infrastructure initiative conceived by NITI Aayog, formally called as the Great Nicobar Island Development Project.
  • It is implemented through the Andaman and Nicobar Islands Integrated Development Corporation (ANIIDC).

great nicobar project

  • It aims to transform Great Nicobar into a strategic economic and maritime hub.
  • The project involves diversion of forest land and large-scale infrastructure development, raising environmental concerns.
  • Key Components:
    • International Container Transshipment Terminal (ICTT) at Galathea Bay;
    • Greenfield international airport (civil and military use);
    • Integrated township for phased population growth;
    • 450-MVA gas and solar-based power plant.
  • Strategic Significance:
    • Located near the Malacca Strait, a key global shipping route.
    • Intended to strengthen India’s maritime trade capacity.
    • Enhances India’s defence and geopolitical presence in the Indo-Pacific region.

About Great Nicobar

  • It is the southernmost island of India, part of the Nicobar group of islands in the Union Territory of Andaman and Nicobar Islands.
  • It lies close to the Malacca Strait, one of the world’s busiest maritime trade routes.
    • Indira Point, India’s southernmost tip, is located here.
  • It is a part of a UNESCO-recognized Biosphere Reserve.
  • It is ecologically fragile and seismically sensitive (Zone V).

Petitions and Allegations Before NGT

  • The project  relied on limited baseline data, violating the Island Coastal Regulation Zone (ICRZ) Notification, 2019.
  • Around 700 hectares allegedly fell within ecologically sensitive or prohibited ICRZ areas.
  • There was non-compliance with the NGT’s 2023 order directing a revisit of the Environmental Clearance (EC).
  • Other Concerns:
    • Potential impact on coral reefs, turtle nesting sites, and biodiversity.
    • Risks due to seismic and tsunami vulnerability (2004 tsunami impact).
    • Concerns over rights and livelihoods of Shompen and Nicobarese communities.
  • The NGT disposed of these petitions with its latest ruling.

Issues Examined by the Tribunal & Its Environmental Clearance

  • Protection of Coral Reefs: The NGT concluded that no coral reefs exist within the core project area, based on submissions from the Zoological Survey of India (ZSI).
    • Scattered coral formations, if present, will be translocated as per scientific recommendations.
    • MoEF has been directed to ensure coral protection and regeneration using proven scientific methods.
  • Baseline Environmental Data: NGT relied on findings from a High-Powered Committee (HPC) headed by former Environment Secretary, which revisited the clearance in compliance with the NGT’s April 2023 order.
  • Compliance with ICRZ Norms: The NGT concluded that ‘no part of the project’ falls within prohibited ICRZ areas.
    • Portions of port infrastructure that may fall within CRZ-1A and CRZ-1B areas under the proposed master plan would be excluded in the revised plan.
    • The Tribunal stressed that the conditions of the ICRZ Notification cannot be ignored and must be strictly adhered to.
  • Environmental Safeguards and Conditions: The NGT noted that the environmental clearance contains specific safeguards, including protection measures for Leatherback sea turtles, Nicobar megapode, saltwater crocodiles, robber crabs, Nicobar macaques and other endemic bird species.
  • Shoreline and Coastal Protection Measures: The Tribunal directed the MoEF to ensure that:
    • Construction activities, including foreshore development, do not cause erosion or adverse shoreline changes.
    • Sandy beaches are preserved, as they are crucial nesting sites for turtles and birds.
    • The island’s shoreline is protected to prevent ecological degradation.

About National Green Tribunal (NGT)

  • It is a specialized judicial body to handle environmental disputes related to environmental protection, conservation of forests, natural resources, and enforcement of legal rights relating to the environment in India.
  • Establishment:
    • Created under the National Green Tribunal Act, 2010
    • Replaced the National Environment Appellate Authority
  • Headquarters: New Delhi
  • Zonal Benches: Pune (West), Bhopal (Central), Chennai (South), Kolkata (East)

Jurisdiction

  • The NGT has jurisdiction over civil cases relating to substantial environmental questions under laws  such as:
    • The Water (Prevention and Control of Pollution) Act, 1974;
    • The Water (Prevention and Control of Pollution) Cess Act, 1977;
    • The Forest (Conservation) Act, 1980;
    • The Air (Prevention and Control of Pollution) Act, 1981;
    • The Environment (Protection) Act, 1986;
    • The Public Liability Insurance Act, 1991;
    • The Biological Diversity Act, 2002.
  • Decisions of the Tribunal are binding.

Institutional Strengths

  • Application of the ‘Polluter Pays’ and ‘Precautionary’ principles;
  • Dedicated environmental expertise (Judicial & Expert Members);
  • Time-bound disposal (ideally within six months);
  • Power to provide relief, compensation, and restoration.

Source: IE

 

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