NGT Upholds Great Nicobar Project Clearance, Stresses Strict Green Rules

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