National Green Tribunal Dismisses Challenges To Great Nicobar Infrastructure Project; Directs Strict Compliance With Environmental Safeguards

The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, has disposed of Original Application Nos. 93/2024/EZ and 95/2024/EZ along with M.A. No. 23/2024/EZ concerning the proposed International Container Transshipment Terminal (ICTT), township development, and 450 MVA Gas and Solar-based Power Plant at Great Nicobar Island.

The Bench was headed by Justice Prakash Shrivastava (Chairperson) along with two judicial members and three expert members

Background of the Case

The applications were filed challenging environmental and CRZ clearances granted for the integrated development project in Great Nicobar Island. The applicant alleged violations of the Island Coastal Regulation Zone (ICRZ) Notification, 2019, including:

1.Alleged destruction of corals

2.Reliance on single-season EIA data

3. Alleged presence of project components in ICRZ-IA (ecologically sensitive) areas

This was the second round of litigation concerning the project. In April 2023, the Tribunal had largely upheld the Environmental Clearance (EC) while constituting a High-Powered Committee (HPC) to examine specific concerns.

Key Findings of the Tribunal

1. Strategic Importance RecognisedThe Tribunal noted the strategic, economic, and national security importance of the Great Nicobar project, including its location near key international sea routes.

2. Coral Protection Measures Adequate

3. Based on reports of the Zoological Survey of India and the High-Powered Committee, the Tribunal held that:

4. No major coral reefs exist within the direct project site.

5. Identified coral colonies will be translocated under scientific supervision.

6. Adequate safeguards exist under EC conditions to prevent destruction of corals.

One-Season EIA Data Valid

The High-Powered Committee concluded that, as per applicable guidelines for port projects, one-season (non-monsoon) data is sufficient. The Tribunal found no violation on this ground.

No Construction in ICRZ-IA Areas

After ground verification by the National Centre for Sustainable Coastal Management (NCSCM), it was concluded that no part of the project falls in ICRZ-IA areas. The Environmental Clearance explicitly prohibits construction in prohibited CRZ areas.

1. Strict Environmental Safeguards Imposed

The Environmental Clearance includes:

1. Coral translocation and monitoring

2. Establishment of research stations

3. Protection of Leatherback Turtles, Nicobar Megapode, and other endemic species

4. Oversight committees for pollution, biodiversity, and tribal welfare

5. Mandatory compliance with ICRZ Notification, 2019

Final Direction

The Tribunal declined to interfere with the Environmental Clearance and disposed of the applications. However, it directed the authorities and regulatory agencies to ensure full and strict compliance with all Environmental Clearance conditions.

Conclusion

The NGT adopted a balanced approach, recognizing both the environmental sensitivities of Great Nicobar Island and the strategic national importance of the project. The Tribunal emphasized that environmental safeguards must be implemented rigorously during project execution.