NGT clears Great Nicobar infrastructure project, says adequate safeguards provided

New Delhi: The National Green Tribunal (NGT) has cleared the proposed International Container Transhipment Terminal in Great Nicobar Island, saying adequate safeguards had been provided in the environmental clearance (EC) conditions. The eastern zonal bench of Kolkata, headed by NGT Chairperson Justice Prakash Shrivastava, passed the order on Monday while hearing the objections to the proposed terminal, township, area development and a 450 MVA gas and solar-based power plant. Earlier, a batch of petitions challenged the clearances granted for the project, claiming violations of the Island Coastal Regulation Zone (ICRZ) notification. This was the second round of litigation concerning the project. In April 2023, the tribunal largely upheld the EC while constituting a high-powered committee (HPC) to examine specific concerns. "We find that adequate safeguards have been provided in the EC conditions and in the first round of litigation the tribunal had refused to interfere in the EC and remaining issues noted by the tribunal in the first round of litigation have been dealt with by the HPC and considering the strategic important of the project and taking into account the other relevant considerations, we do not find any good ground to interfere," the tribunal said.

It, however, underlined that the authorities and regulatory agencies had to ensure full and strict compliance with the EC conditions. The tribunal said that it was a case where the strategic importance of the project could not be denied, nor could the conditions of the ICRZ notification be ignored. It said, "Hence, a balanced approach is required to be adopted while considering the issue of allowing development of the port on a strategic location." The tribunal noted that specific conditions were incorporated in the EC for the protection of leatherback sea turtle, Nicobar megapode, saltwater crocodiles, impact of invasive species on native flora, impact on inter-tidal flora and fauna, Nicobar Macaque, Robber Crab and other endemic bird species of Great Nicobar Island, mangrove restoration, coral translocation and the welfare of local tribal population of Shompen and Nicobaris. It said there was no violation of the ICRZ notification. "However, it will be the responsibility of Respondent 1 (Union environment ministry) to ensure that, on account of the proposed constructions, which include foreshore development, there is no erosion/shoreline change abutting the project area and all along the islands. "The shoreline of the island will be protected, ensuring no loss of sandy beaches as these beaches provide nesting sites for turtles, bird nesting sites, apart from protecting the islands," the tribunal said.