The NGT has greenlit the Great Nicobar Island project, dismissing challenges while mandating strict compliance with environmental clearance conditions. The tribunal noted adequate safeguards are in place for the strategically important project.
The National Green Tribunal (NGT) on Monday directed authorities to ensure full and strict compliance with environmental clearance (EC) conditions while disposing of multiple applications challenging the Great Nicobar Island development project, holding that adequate safeguards are in place and found no grounds to interfere with the project at this stage.
In a detailed order dated February 16, a bench led by Chairperson Justice Prakash Shrivastava observed that a balanced approach is necessary, considering the project's strategic importance and environmental sensitivities. The Tribunal concluded that concerns raised in the second round of litigation had already been addressed through safeguards and review by a High-Powered Committee (HPC), and therefore the project could proceed subject to strict adherence to EC conditions.
Ecological and Regulatory Concerns Addressed
Examining the objections regarding ecological impact, the Tribunal found no violation of the Island Coastal Regulation Zone (ICRZ) Notification, 2019. On coral protection, it noted that studies indicated no major coral reef exists within the actual construction site at Galathea Bay. However, nearby coral colonies identified as potentially affected will be translocated under scientific supervision, and further monitoring will continue.
Data Collection and Turtle Nesting Grounds
On the issue of environmental data collection, the Tribunal accepted the HPC's finding that collecting baseline data for one season (excluding monsoon) was consistent with established guidelines for port projects. It added that authorities must ensure that construction does not lead to shoreline erosion or loss of sandy beaches that serve as turtle nesting grounds.
Compliance with Prohibited Zones
Addressing the claim that part of the project falls in CRZ-IA areas where port activity is prohibited, the Tribunal relied on ground verification by the National Centre for Sustainable Coastal Management, which concluded that no portion of the project area lies in CRZ-IA. It also noted that the project proponent is bound by EC conditions prohibiting any construction in restricted zones.
Balancing Strategic Importance and Environmental Safeguards
The Tribunal acknowledged that the integrated project, including an International Container Transhipment Terminal, township development, and a power plant, has strategic, defence, and economic significance for the country. At the same time, it emphasised that environmental safeguards must be strictly followed. It highlighted several EC conditions, including conservation plans for leatherback turtles, megapodes, corals, and mangroves; the establishment of research stations; funding for biodiversity monitoring; and the creation of independent committees to oversee pollution control, biodiversity protection, and tribal welfare.
Previous Litigation and HPC Review
The NGT noted that in an earlier round of litigation, it had already declined to interfere with the environmental clearance and had set up a High-Powered Committee to review specific concerns. Since those issues have now been examined and safeguards incorporated, the Tribunal found no reason to revisit the clearance.
In disposing of the applications, the Tribunal directed regulatory authorities to ensure strict compliance with EC conditions, reiterating that any violation during execution could invite further legal challenge. (ANI)
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