Green laws not violated in permitting Nicobar project, matter should be heard by larger bench: Govt tells NGT

“The answering respondent has revisited the EC (environmental clearance) and complied with the directions of NGT…and the HPC has concluded the EC and CRZ (Coastal Regulation Zone) adhere to the instant statutory provisions in this regard,” the Ministry’s counter affidavit stated.

The submissions in response to two petitions filed by environmental activist Ashish Kothari were based on the report of a high-powered committee (HPC), formed after the April 2023 NGT direction.

One of Kothari’s pleas sought the exclusion of the project’s activities from ICRZ-IA due to alleged violations of ICRZ notification 2019, while another alleged that the ministry had not complied with the NGT’s orders on revisiting the project’s clearance.

The ministry submitted that it had formed the HPC, which convened three meetings between April and July 2023 and conducted a thorough re-examination of issues raised in the appeals against project’s clearances.

To ascertain whether any part of the project fell in ICRZ-IA area, National Centre for Sustainable Coastal Management carried out a ground truthing exercise in June 2023 and concluded that no part fell in ICRZ-IA area.

On assessment of coral colonies and need to translocate them, the ministry said that the Zoological Survey of India conducted a study which was filed with the HPC. “The ZSI has stated that no corals have been found in the proposed site for the construction of port and other amenities at Galathea Bay. However, 16,150 coral colonies found within 15 metres depth of water column and in proximity of the project may get impacted because of the project, need to be translocated to suitable recipient sites based on sediment trap results,” the ministry submitted.

The remaining 4,518 coral colonies have to be studied and observed to analyse sedimentation load before a decision is taken on their translocation, the ministry stated.

The ICRZ-IA areas comprise ecologically sensitive areas such as mangroves, corals and coral reefs, sand dunes, mudflats, marine parks, wildlife habitats, salt marshes, turtle nesting grounds and bird nesting grounds among others.

The ministry added that the HPC’s report is of strategic, defence and national importance and has confidential and privileged information. “Further, it is respectfully submitted that in accordance with the Clause 8(1)(a) of the Right to Information Act, 2005, relating to the defence, strategic and national security, the details and report of the HPC cannot be placed in public domain or made available to public,” the ministry stated.

In the application seeking hearing by a larger bench, the ministry said previously, the NGT had formed a six-member bench to hear appeals against the project’s green clearances. The larger bench had upheld clearances while ordering formation of a HPC in April 2023.

Since the fresh petitions are connected with the April 2023 order, the Environment Ministry prayed the NGT form a larger bench of NGT, Eastern Zone.

The Rs 72,000-crore Great Nicobar ‘Holistic Development’ Project is the brainchild of the NITI Aayog. As part of the mega infrastructure project, the government plans to construct an international container transshipment terminal; township and area development, a 450 MVA gas and solar-based power plant and an airport for civilian and defence use. The project will be spread over an area of 166 sq km and environmentalists and activists are concerned it will impact leatherback turtle nesting sites, Nicobar megapode nesting mounds, corals and the ancestral lands of the Great Nicobarese Scheduled Tribe community.