NGT orders review of green nod for Great Nicobar Port amid public uproar

Panel to study 'unanswered deficiencies', stays further development for 2 months

Amid the public uproar against the Centre’s mega infrastructure project Great Nicobar Port, the National Green Tribunal (NGT) has put a two-month stay on any further work in the environmental clearance (EC) granted to the project. The Rs 72,000 crore project would be on hold till a NGT appointed committee scrutinises the green approval granted by the Centre.

The environmental tribunal has formed a high-powered committee to look into “unanswered deficiencies” in the EC granted for the international transhipment terminal, such as potentially inadequate planning for protection of flora and fauna and construction activity in prohibited areas.

“These aspects may call for revisiting the EC by a High-Powered Committee (HPC) which we propose to constitute. The same will be headed by Secretary, Ministry of Environment, Forest and Climate Change (MoEF&CC), GoI. Other members will be Chief Secretary, Andaman & Nicobar, Zoological Survey of India, Botanical Survey of India, Central Pollution Control Board, nominee of Vice Chairman of Niti Aayog, nominee of Secretary, Ministry of Shipping and Director, Wildlife Institute of India,” the Kolkata bench of the tribunal said in its order dated April 3.

The committee will meet within two weeks and is expected to prepare its report within two months. Based on the report, the Centre may be forced to review the clearance or its conditions. Till then, further work in pursuance of impugned EC may not proceed except for the work which may not be of irreversible nature, NGT said.

What are the issues?

The NGT bench, consisting of chairperson Justice A K Goel and judicial members Justice Sudhir Agarwal, Justice B Amit Sthalekar, and Justice Arun Kumar Tyagi, focussed on three core issues in the operative parts of its order.

“It is pointed out that out of 20668 coral colonies, 16150 are proposed to be translocated without any mention of threat to the remaining 4518 coral colonies. It is pointed out that ICRZ (island coastal zone regulation) regulations prohibit destruction of corals,” the bench said.

“A part of the project is in the CRZ (coastal regulation zone) IA area where Port is prohibited,” it added.

Over one million trees are likely to be felled and displace local tribes and species.

Of the total 160 sq km of land, around 85 sq. km falls under a ‘Tribal reserved area’ and is inhabited by the Nicobarese and Shompen tribes. The project will involve the diversion of around 130.75 sq. km of lush forest land.

The bench also pointed out data collected for impact assessment is only of one season as against requirement of three seasons.

Panel’s autonomy in question

Notably, the committee is headed by the Environment Secretary Leena Nandan, who represents the competent authority which granted the clearance for the project. Environmentalists welcomed the NGT's move but questioned the independence of the HPC.

"The HPC does not have a single independent expert. Even the non-bureaucratic members are scientists employed by government controlled institutes. Therefore one is concerned about how independent this committee can be," Sharad Lele, a senior researcher with the Ashoka Trust for Research in Ecology and Environment said.

Lele had previously said that there is no way to minimise the project’s impact, asking for it to be called off.

Along with the development of a Rs 41,000 crore international container transhipment terminal, the project also involves the development of a military-civil, dual-use airport, a gas, diesel, and solar-based power plant, and a township.

On March 26, Union shipping minister Sarbananda Sonowal had told Business Standard that the central government has no second thoughts about the project and plans to implement it in a sustainable manner, despite widespread criticism on account of potential damage to the environment.