NGT upholds environmental clearance for Great Nicobar project, directs strict compliance with EC conditions
New Delhi, February 16
The National Green Tribunal on Monday directed authorities to ensure full and strict compliance with environmental clearance conditions while disposing of multiple applications challenging the Great Nicobar Island development project, holding that adequate safeguards are in place and found no grounds to interfere with the project at this stage.
In a detailed order dated February 16, a bench led by Chairperson Justice Prakash Shrivastava observed that a balanced approach is necessary, considering the project's strategic importance and environmental sensitivities.
The Tribunal concluded that concerns raised in the second round of litigation had already been addressed through safeguards and review by a High-Powered Committee (HPC), and therefore the project could proceed subject to strict adherence to EC conditions.
Examining the objections regarding ecological impact, the Tribunal found no violation of the Island Coastal Regulation Zone (ICRZ) Notification, 2019. On coral protection, it noted that studies indicated no major coral reef exists within the actual construction site at Galathea Bay. However, nearby coral colonies identified as potentially affected will be translocated under scientific supervision, and further monitoring will continue.
On the issue of environmental data collection, the Tribunal accepted the HPC's finding that collecting baseline data for one season (excluding monsoon) was consistent with established guidelines for port projects. It added that authorities must ensure that construction does not lead to shoreline erosion or loss of sandy beaches that serve as turtle nesting grounds.
Addressing the claim that part of the project falls in CRZ-IA areas where port activity is prohibited, the Tribunal relied on ground verification by the National Centre for Sustainable Coastal Management, which concluded that no portion of the project area lies in CRZ-IA. It also noted that the project proponent is bound by EC conditions prohibiting any construction in restricted zones.
The Tribunal acknowledged that the integrated project, including an International Container Transhipment Terminal, township development, and a power plant, has strategic, defence, and economic significance for the country. At the same time, it emphasised that environmental safeguards must be strictly followed.
It highlighted several EC conditions, including conservation plans for leatherback turtles, megapodes, corals, and mangroves; the establishment of research stations; funding for biodiversity monitoring; and the creation of independent committees to oversee pollution control, biodiversity protection, and tribal welfare.
The NGT noted that in an earlier round of litigation, it had already declined to interfere with the environmental clearance and had set up a High-Powered Committee to review specific concerns. Since those issues have now been examined and safeguards incorporated, the Tribunal found no reason to revisit the clearance.
In disposing of the applications, the Tribunal directed regulatory authorities to ensure strict compliance with EC conditions, reiterating that any violation during execution could invite further legal challenge.
— ANI
Reader Comments
While I understand the strategic importance, collecting environmental data for only one season (excluding monsoon!) seems scientifically weak. The monsoon season often has the most dramatic ecological impacts. This feels like a compromise on due diligence.
Good step forward for development in the region. Andaman & Nicobar islands have huge potential. As long as the safeguards for tribes, turtles, and mangroves are followed strictly, this project can be a model for sustainable infrastructure. Jai Hind!
The tribunal's reliance on ground verification is reassuring. So many projects get stuck in false claims. If the NCSCM says no CRZ-IA violation, we should trust the experts. This transhipment port is vital for countering Chinese influence in the Indian Ocean.
Translocation of corals "under scientific supervision" sounds good, but what is the success rate? These are living ecosystems, not furniture to be moved. I hope the funding for biodiversity monitoring is substantial and used transparently. The proof will be in the execution.
The directive for "strict compliance" is key. The NGT has kept the door open for legal challenge if conditions are violated. This creates an important accountability mechanism. Citizens and NGOs must now play the role of watchdogs.
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.