Won’t consider parts of Great Nicobar report not brought on record, rules NGT

The bench, headed by NGT chairperson Prakash Shrivastava, said in its order that neither the HPC report been supplied to the applicant on the plea of national security nor has it been placed on record as the same was immediately returned to Counsel for MoEF&CC (Ministry of Environment, Forest and Climate Change) after brief perusal.

“Hence, considering the judgments relied upon by counsel for the applicant, we do not intend to go beyond the pleadings and rely upon any part of the report of the High-Powered Committee which is not on record,” the NGT order said.

Kothari had filed the interlocutory applications on the HPC report in an ongoing batch of petitions related to alleged violations of the Island Coastal Regulation Zone notification (ICRZ), 2019, for siting the project in a no-development zone, and another on the contents of the HPC report.

The NGT noted in its order that the Centre had opposed the applications and termed it “highly belated”. It also noted that the Centre had no objection if the ongoing petitions were decided based on the pleadings and if the HPC report was not considered.

Last week, it was argued before the NGT that the HPC report, circulated by Centre to the tribunal in a sealed cover during previous hearings, should be expunged from record of proceedings as a copy was not provided to the petitioner, and thus it was violative of natural justice.

The HPC was formed in April 2023 on orders of the NGT to address “unanswered deficiencies” regarding the impact of the Rs 81,000 crore project on the ecologically sensitive and biodiverse Great Nicobar Islands.

The Centre’s counsel, meanwhile, had told the NGT bench last week that the plea of national security was taken in pleadings earlier and it was not new.

In a counter affidavit to NGT last year, the Centre had only brought on record conclusions of the HPC report. These conclusions pertained to protection of corals, whether parts of the project fell in no-go coastal zones, and on data collected for impact assessment studies.

As per the Centre’s affidavit, no part of the transshipment port fell in a prohibited coastal zone, and that corals will be translocated. However, it did not bring on record the full HPC report citing national security and kept it confidential due to strategic and privileged information.

The Great Nicobar mega infrastructure project—spread over 166 sq km and involves diversion of 130 sq km of forest land—will see construction of a transshipment port, an integrated township, a civil and military use airport, a 450 MVA gas and solar power-based plant.

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