NGT Rules on Great Nicobar Project

Key Highlights from NGT Judgment on Great Nicobar Infrastructure Project

Judicial Ruling

• National Green Tribunal (NGT) Decision: The NGT ruled on the environmental clearance of the Rs 81,000-crore Great Nicobar mega project, determining that there were “adequate safeguards” and no significant grounds to interfere with the clearance granted.
• Judicial Bench Composition: The ruling was made by a six-member special bench headed by Justice Prakash Shrivastava and included members from both judiciary and environmental expertise.

Project Overview

• Scope of Project: The mega project spans 166 sq km, involving the diversion of 130 sq km of forest land and the felling of approximately one million trees. Key components include:
  • Construction of a transshipment port.
  • Development of an integrated township.
  • Establishment of a civil and military airport.
  • Installation of a 450-MVA gas and solar power-based plant.

Strategic Importance and Environmental Considerations

• The project is deemed to have strategic importance, necessitating a “balanced approach” between development and ecological preservation.
• The court addressed critical environmental concerns including:
  • Protection of biodiversity, specifically species like the leatherback sea turtle and the Nicobar megapode.
  • Mitigation measures imposed as conditions in the environmental clearance must be strictly followed.

Regulatory Framework

• Island Coastal Regulation Zone (ICRZ) Notification: Allegations were made that project components infringe upon ICRZ areas which prohibit development. The NGT referenced the 2019 ICRZ guidelines and examined previous orders.
• The project was cleared following a review by a high-powered committee (HPC) led by former environment secretary Leena Nandan, which concluded that the project did not violate ICRZ restrictions.

Environmental Safeguards

• The NGT specified that the Union Environment Ministry must implement conditions to:
  • Protect the shoreline from erosion and changes due to construction activities.
  • Ensure that coral reefs along the coastal stretch are safeguarded and allowed to regenerate, guided by scientific methods suggested by the Zoological Survey of India.

Community Impact and Concerns

• The Nicobarese community expressed concerns regarding dispossession of ancestral land, particularly after devastation from the 2004 tsunami. The court acknowledged these concerns in its deliberations, marking the necessity for community engagement.

Legal Precedent

• The ruling is significant as it sets a reference for future infrastructure projects in ecologically sensitive regions, particularly emphasizing a “balanced approach” in adjudicating environmental versus developmental interests.

Conclusion

The NGT's decision reaffirms the importance of environmentally responsible development while accommodating national strategic interests. Continued monitoring and enforcement of environmental conditions will be essential in the project's execution, ensuring sustainability amidst significant infrastructural changes.