The Union environment ministry has asked that a larger bench of the National Green Tribunal, Eastern Zone comprising six or more members hear the application related to Great Nicobar mega infrastructure project.

The original application, Ashish Kothari Versus The Ministry of Environment, Forest & Climate Change & Anr was decided by a bench comprising six members in 2023.

NGT heard the ministry’s appeal, filed December 5, the following day, and has directed that the matter be placed before the NGT Chairperson for appropriate orders. It also listed the case on February 7, 2025 before the Eastern bench which will be subject to any orders which may be passed by the Chairperson, it said. The ministry’s appeal may be prompted by a desire to expedite the project, currently held up on account of the conditions placed by the 2023 order.

The last order by the six member bench in this matter came on April 3, 2023 and said there can be no two views about need for adequate studies of the impact of the mega project on coral reefs mangroves, turtle nesting sites, bird nesting sites, other wildlife, and erosion, and on aspects related to disaster management and conservation and mitigation measures. The bench constituted a high powered committee headed by the secretary, union environment ministry to revisit the environmental clearance (EC) granted by the environment ministry to the Great Nicobar township and area development and other infrastructure projects involving an area of 16610 hectares in the ecologically fragile islands.

This year 3 related applications have been filed in NGT about non-compliance of NGT’s order. These applications are pending.

NGT’s eastern bench headed by chairperson, Adarsh Kumar Goel pointed out that appellants highlighted several deficiencies which needed to be addressed by the committee and that further work on environmental clearance will not progress until the committee’s findings are submitted except “for the work which may not be of irreversible nature.”

“There are some unanswered deficiencies pointed out by the appellants which need to be addressed. By way of instance, it is pointed out that out of 20668 coral colonies, 16150 are proposed to be translocated without any mention of threat to remaining 4518 coral colonies. It is pointed out that ICRZ [Island Coastal Zone Regulation ] Regulations prohibit destruction of corals. Further, data collected for impact assessment is only of one season as against requirement of three seasons. It is also shown that part of the project is in CRZ IA area where a port is prohibited. These aspects may call for revisiting the EC by a High-Powered Committee (HPC) which we propose to constitute,” the order had said.

To be sure, environmentalists weren’t happy with that order either. They questioned the merits of having a senior official of the environment ministry review the ministry’s own decision to grant environmental clearance. “How can a subordinate authority headed by secretary, environment revisit the EC granted by their own ministry?” Debi Goenka, executive trustee of Conservation Action Trust asked in April, 2023.

The environment ministry had also filed a counter affidavit in Septembe that said that in compliance with NGT’s directions, it constituted the High Powered Committee, which convened three meetings on 18.04.2023, 02.05.2023 and 04.07 .2023, respectively where the terms of reference, as per NGT’s orders, were deliberated upon.

Great Nicobar Island is the land of two indigenous tribal population viz. Shompen and Nicobarese. Shompens live in small groups in dense interior forests of the island and are entirely dependent on forest resources and sea products for their sustenance. They probably migrated into this area, several hundred years ago from nearby Malaysian regions, as per a report by the Zoological Survey of India referred to in NGT’s 2023 order.

Great Nicobar has a total of 695 species of fauna with around 158 endemic species. A total of 48 vertebrates, recorded as endemic to Andaman and Nicobar Islands, were found in Great Nicobar Island during the study period. “This reserve is home for several endemic and endangered species including Nicobar Megapode, Edible-nest Swiftlet, Nicobar Tree Shrew, Long-tailed Macaque, Saltwater Crocodile, Giant Leatherback Sea Turtle…” the report said.

NGT’s April 3, 2023 order pertains to the challenge to Forest/Environmental Clearance (FC/EC) granted to the integrated project by Andaman and Nicobar Islands Integrated Development Corporation (ANIDCO) in Great Nicobar Island involving International Container Transshipment Terminal (ICTT), Greenfield International Airport (4000 Peak Hour Passengers-PHP), Township & Area development and 450 MVA Gas and Solar based power plant. The petitioners challenged forest clearance mainly on the ground that impact of diversion of 130.75 sq km of pristine tropical rainforests on biodiversity, wildlife habitats and tribals was not considered.