The Great Nicobar Island infrastructure project is huge in the sense that it involves the construction of a township, an international container transshipment, and an airport that could be used for defence and civilian use. The project is headed by the Central government and it is a 72,000 cr rupees project.
While the project is huge, there linger some legal challenges in the Calcutta High Court, holding jurisdiction over the Andaman and Nicobar Islands, and the National Green Tribunal (NGT).
A high powered committee (HPC) was created by the National Green Tribunal last year to revisit the green clearance of the project. Last week, summaries of the the committee have been submitted by the Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIDCO)- the implementing agency of the project- to the Kolkata bench of the NGT in an affidavit.
The high powered committee summarised that the planned transshipment port isn't located in the Island Coastal Regulation Zone-IA (ICRZ-IA), where the establishment of ports is forbidden.
Why did NGT decide to reexamine the environmental clearance?
Everything started in the year 2022, when the Conservation Action Trust, a non-profit based in Mumbai, and environmental activist Ashish Kothari, challenged the Coastal Regulation Zone clearances given to the Great Nicobar Infrastructure project. It is the Ministry of Environment, Forests & Climate Change (MoEFCC) that grants such clearances to allow construction projects. The CAT first submitted before the National Green Tribunal's eastern bench, and then filed an appeal that challenged the forest clearance. The appeals sought the squashing of these clearances.
The grounds for the appeals submitted were that the project would lead to an irreversible damage to the biodiversity. The appeals also sought transparency ion the clearance process. Moreover, the appeals expressed that the area was home to a wide array of ecosystems holding wet evergreen forests.
ALSO READ: How are Zara and H&M linked to deforestation in Brazil?
The appeals also threw light on non-complaience with the process in offering statutory clearances. Moreover, it also talked about concerns regarding unsound evaluation of the impact of such a project on the Nicobarese and Shompen tribal communities.
The appeals suggested that the challenge was centered around the permissions given for townships and ports in the prohibited regions, rather than against the defence projects.
What also needs attention is the fact that the project will involve the clearance of 130.75 sq km of forests. The complete project is spread across 166 sq km.
Furthermore, another allegation by the CAT is that there exists a conflict of interest. This is because the Secreatry, Environment and Forests, of the Union Territory of Andaman and Nicobar Islands, was also actualy the Managig Director of the Andaman and Nicobar Islands Integrated Development Corporation Limited, abbreviated as ANIIDCO.
Orders passed by the NGT
The appeals were filed before the National Green Tribunal's eastern bench. However, a final order of the case has been goven by a special six-member bench. Adarsh Kumar Goel, the then NGT chairperson headed the bench.
The six-member bench penned that it couldn't find any valid grond to intervene with the forest clearance. It further said that while forests are important in tacklng climate change and air pollution, development can't go ignored. it further said that the GNI does not have any development, and there was a requirement for such a project not only for economic development, but also for national security.
The bench further said that the environmental impact assessment procedure is compulsory, but it does not mean that a hyper technical approach should be adopted without considering the ground realities of the requirement of teh nation for development and national security.
In conclusion, it said that there existed "unanswered deficiencies" on the coral conservation, the port's placement in a restricted area. Also, the baseline data collection was insufficient.
Thus, an HPC was formed and instructed to finalize a report in a time frame of two months. The HPC is headed by the Secretary, MoEFC. Moreover, the bench further said that no irreversible work should be taking place until the submission of the report.
Comments
All Comments (0)
Join the conversation