Why the recent NGT judgment on challenges to the environment approvals to Great Nicobar Islands project is highly flawed

Despite recognising that grave and irreversible injustice would be caused to the ecosystem, the National Green Tribunal simply refused to examine on merits the case made out by the appellants. It did so by restricting the examination of the appeals to whether requisite procedures had been followed or not.

—

What is the development project in question, and why was it challenged before the NGT?

EVER heard of the Andaman and Nicobar Islands Integrated Development Corporation? This is the latest kid on the development block. With the globe in the throes of climate change— and our country having greenhouse gas reduction commitments— the corporation has proposed an economic project on the graveyard of 131 sq. km of prime forest on the Great Nicobar Island (GNI).

The GNI project of the corporation proposes an international container transhipment terminal, a greenfield international airport, a 450 MVA gas- and solar-based power plant, and a township stretching over 16,610 hectares. These are all designed to promote "not only the economic development of the island and surrounding areas of strategic location but also for defence and national security."

Despite the fact that these lands form the habitat of two tribal communities protected by a number of excellent pro-tribal laws, the project received Stage-I Clearance under the Forest (Conservation) Act, 1980 on October 27, 2022 for diversion of the forest land, and two environmental clearances (ECs) from the Union Ministry of Environment, Forest and Climate Change (MoEF&CC), the first on November 4, 2022 and the second on November 11, 2022. Both ECs are absolutely similar in content.