The National Green Tribunal has constituted a high-powered committee to re-examine the environmental clearance granted to Andaman and Nicobar Islands Integrated Development Corporation (ANIDCO) for the multi-component mega project in the Great Nicobar Island.
Along with the development of an 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.
The NGT was hearing appeals against forest clearance and environmental clearance provided to the project proponent (PP) ANIDCO. Earlier on January 11, it had sought a response from the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) and the PP.
A bench of chairperson Justice A K Goel along with judicial members Justice Sudhir Agarwal, Justice B Amit Sthalekar and Justice Arun Kumar Tyagi said there was a need for adequate studies on the adverse impact on coral reefs, mangroves, turtle nesting sites, bird nesting sites, other wildlife, of erosion, disaster management and other conservation and mitigation measures.
Besides, the island coastal regulation zone (ICRZ) notification of 2019 had to be complied with and tribal rights and rehabilitation had to be ensured.
The bench, also comprising expert members A Senthil Vel and Afroz Ahmad, said, according to the respondents (ANIDCO and MoEF&CC), such studies had already been undertaken and more were proposed.
The respondents are committed to complying with the ICRZ, 2019 and tribal rights. They have also planned compensatory afforestation and mangrove plantations and thus, by and large, the project is compliant and EC does not call for interference, the bench said.
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It, however, underlined some unanswered deficiencies such as a threat to 4,518 coral colonies, impact assessment being of only one season as against the mandated three seasons and a part of the project being in the area where a port was prohibited.
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, MoEF&CC, the tribunal said.
Other members of the committee included the Chief Secretary of Andaman and Nicobar, Zoological Survey of India, Botanical Survey of India, Central Pollution Control Board, the Director of Wildlife Institute of India and nominees of Vice Chairman of Niti Aayog and Secretary, Ministry of Shipping.
Asking the MoEF&CC's secretary to appoint a nodal officer, the tribunal directed the committee to meet within two weeks and finalise its proceedings within two months.
In the light of the report of the committee, the EC or its conditions may be re-looked into by the competent authority. Till then, further work in pursuance of impugned EC may not proceed except for the work which may not be of irreversible nature, the tribunal said disposing the appeals.
Underlining that the forest cover in the area was more than 75%, the green panel also said that the FC could also not be interfered with.
There is hardly any development in the area. There is a need not only for economic development but also for national securityThere is no conflict of interest as such, it said.
During the proceedings, the tribunal also observed that while its consideration was confined to the material on record, it had noted, without any comment, some media reports that the area is located in China's string of pearls' strategy and this is sought to be countered by Indian authorities under India's Act East' policy.
The Indian Ocean has emerged as a key intersection zone of Indian and Chinese strategic interests, it said adding, The project will help bridge the infrastructural gap on the island and promote international trade saving huge amounts on transhipment cargo.
Earlier in January, the Ministry of Ports, Shipping and Waterways had said the project is expected to be completed with an investment of Rs 41,000 crore (USD 5 billion), including investment from both government and the PPP concessionaire.
The proposed port will have the ultimate capacity to handle 16 million containers per year and, in the first phase, will handle above 4 million containers, it said.