NGT upholds great Nicobar project clearance, cites strategic need while mandating strict environmental safeguards

News Delhi/ Kolkata: The National Green Tribunal has upheld the environmental clearance granted for the mega infrastructure project on Great Nicobar Island, observing that the project is of “strategic importance” to the country, while directing strict compliance with “environmental safeguards” to protect the island’s fragile coastal and forest ecosystems.

A six-member National Green Tribunal (NGT) special bench ruled that it did not find “any good ground” to interfere in the environmental clearance accorded to the Rs 81,000-crore Great Nicobar mega infrastructure project as there were “adequate safeguards” in the project’s environmental clearance.

The bench, headed by NGT chairperson Justice Prakash Shrivastava, also noted the “strategic importance of the project” and the issues that were dealt with by a high-powered committee (HPC) tasked with revisiting the project’s environmental clearance, as per a 2023 order of the NGT.

The mega project, spread over 166 sq km, entails diversion of 130 sq km of forest land and felling of almost a million trees to facilitate the construction of a transshipment port, an integrated township, a civil and military airport and a 450-MVA gas and solar power-based plant.

In its order, the tribunal noted that certain aspects of the project could not be disclosed publicly under provisions of the Right to Information Act as disclosure could prejudicially affect the sovereignty, security and strategic interests of India.

It said the project’s strategic importance could not be denied and a balanced approach was required to ensure development proceeds alongside environmental protection in accordance with the Island Coastal Regulation Zone (ICRZ) Notification, 2019.

The tribunal recorded that the environmental clearance granted on November 11, 2022, had already been examined in an earlier round of litigation, where it found the project largely compliant with environmental norms.

It reiterated that the project does not fall within any national park, wildlife sanctuary, or their eco-sensitive zones, and that about 82 percent of Great Nicobar Island will remain under protected forests, biosphere reserves, and conservation zones.

The diversion of forest land for the project accounts for only 1.82 percent of the total forest area of the Andaman and Nicobar Islands and around 18 percent of the total geographical area of Great Nicobar Island.

Environmental concerns raised by petitioners included alleged destruction of coral colonies, impact on wildlife habitats, coastal erosion, and adequacy of environmental impact assessment data.

The tribunal noted that destruction of corals is prohibited under the ICRZ Notification, but accepted the findings of the Zoological Survey of India that no major coral reefs exist at the project construction site in Galathea Bay.

However, as a precautionary measure, 16,150 coral colonies located in proximity to the project area and within a depth of 15 metres will be scientifically translocated to suitable locations, while 4,518 deeper colonies will be studied further before any action is taken.

The tribunal also noted that coral translocation and restoration are globally recognised conservation measures and that the Zoological Survey of India had previously achieved more than 90 percent survival rates in coral transplantation projects.

It directed that systematic monitoring using GPS tagging and long-term conservation plans must be implemented, with reputed scientific institutions overseeing coral protection and regeneration.

Apart from coral conservation, the environmental clearance contains extensive safeguards for protection of endangered and endemic species, including leatherback sea turtles, Nicobar megapodes, saltwater crocodiles, Nicobar macaques, robber crabs, and several endemic bird species.

The project proponent has been directed to fund conservation programmes, mangrove restoration, and biodiversity protection measures under the supervision of agencies such as the Wildlife Institute of India, Zoological Survey of India, Botanical Survey of India, and the Andaman and Nicobar Forest Department.

The clearance also mandates the construction of dedicated research stations at Campbell Bay and Kamorta to facilitate long-term biodiversity monitoring and conservation research throughout the project duration, which extends up to 2052.

Independent committees have been constituted to monitor pollution, biodiversity conservation, and welfare of the Shompen and Nicobarese tribal communities.

Addressing concerns over environmental impact assessment, the tribunal accepted the government’s position that three-season data was not mandatory in this case as the Andaman and Nicobar Islands are not classified among high coastal erosion zones requiring such extensive studies.

The tribunal emphasised that all construction activities must strictly comply with coastal regulation laws and environmental clearance conditions, and that no construction would be permitted in prohibited coastal regulation zones.

At the same time, it observed that developmental projects inevitably cause some environmental impact but can be allowed if adequate mitigation measures are in place and the larger public interest is served.

It also noted that the project is expected to generate significant employment, with projections of over 51,000 direct and 77,000 indirect jobs by 2052.

The tribunal finally concluded that environmental safeguards and monitoring mechanisms are in place and that the environmental clearance had already been revisited, following review by a High-Powered Committee.

The tribunal found “no violation of coastal regulation norms” and allowed the project to proceed in compliance with the stipulated environmental conditions.