The National Green Tribunal (NGT) has upheld the environmental clearance granted for the proposed International Container Transhipment Terminal (ICTT) in Great Nicobar Island, holding that the clearance conditions contain adequate safeguards and do not violate the Island Coastal Regulation Zone (ICRZ) notification.
A Bench of the Tribunal headed by Chairperson Justice Prakash Shrivastava passed the order while deciding a batch of petitions challenging the project, which also includes a township, area development and a 450 MVA gas and solar-based power plant.
The matter represented the second round of challenges to the project. In April 2023, the Tribunal had largely upheld the environmental clearance but constituted a High-Powered Committee (HPC) to examine certain specific concerns.
In the present proceedings, the Tribunal noted that the issues flagged earlier had been examined by the HPC and appropriate safeguards had been incorporated.
“We find that adequate safeguards have been provided in the EC conditions and in the first round of litigation the tribunal had refused to interfere in the EC and remaining issues noted by the tribunal in the first round of litigation have been dealt with by the HPC… we do not find any good ground to interfere,” the Bench observed.
The Tribunal emphasised the strategic importance of the proposed port while stating that environmental safeguards under the ICRZ framework must be strictly adhered to.
“It is a case where the strategic importance of the project could not be denied, nor could the conditions of the ICRZ notification be ignored… a balanced approach is required to be adopted while considering the issue of allowing development of the port on a strategic location,” the order said.
The NGT recorded that the environmental clearance contains specific conditions for the protection of ecologically sensitive and endemic species in Great Nicobar Island, including:
- Leatherback sea turtles
- Nicobar megapode
- Saltwater crocodiles
- Nicobar macaque
- Robber crab and endemic bird species
- Inter-tidal flora and fauna
It also referred to safeguards relating to mangrove restoration, coral translocation, control of invasive species and the welfare of the Shompen and Nicobarese tribal communities.
Rejecting the contention that the project violated the ICRZ notification, the Tribunal held that no such breach had been established.
However, it placed responsibility on the Union Environment Ministry and regulatory authorities to ensure strict compliance with the environmental clearance conditions, particularly in relation to coastal impacts.
The Bench directed that foreshore development should not lead to shoreline erosion or loss of sandy beaches, noting that these beaches are critical nesting habitats for turtles and birds and are essential for the island’s ecological stability.
The Tribunal underscored that continuous monitoring would be necessary to ensure that construction activities do not cause shoreline changes across the island and that all protective measures stipulated in the clearance are implemented in letter and spirit.
With these observations, the NGT declined to interfere with the environmental clearance and cleared the way for the implementation of the Great Nicobar transhipment terminal project.
