Legal Challenges to the Great Nicobar Island Infrastructure Project: Environmental Concerns and Court Cases

What’s in today’s article?

• Why in News?
• Great Nicobar Island
• Great Nicobar Island project
• Legal Challenges to the GNI Project

Why in News?

The Central government's Rs 72,000 crore Great Nicobar Island (GNI) infrastructure project includes constructing an airport for civilian and defense use, an international container transshipment terminal, and a township.

The project has faced legal challenges in the National Green Tribunal (NGT) and the Calcutta High Court.

Recently, the Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIIDCO), the project's implementing agency, submitted conclusions from a high-powered committee (HPC) formed by NGT in 2023.

The HPC concluded that the proposed transshipment port does not fall within the Island Coastal Regulation Zone-IA (ICRZ-IA), where ports are prohibited.

Great Nicobar Island

• Geographical location
  • Great Nicobar, the southernmost of the Andaman and Nicobar Islands.
• The Andaman and Nicobar Islands are a cluster of about 836 islands in the eastern Bay of Bengal.
• The two groups of which are separated by the 150-km wide Ten Degree Channel.
• The Andaman Islands lie to the north of the channel, and the Nicobar Islands to the south.
  • Indira Point on the southern tip of Great Nicobar Island is India’s southernmost point, less than 150 km from the northernmost island of the Indonesian archipelago.
• Ecosystem
  • The Great Nicobar Island has tropical wet evergreen forests, mountain ranges reaching almost 650 m above sea level, and coastal plains.
  • The Island has two national parks and a biosphere reserve.
  • Many endangered species are found at the Island. The leatherback sea turtle is the island’s flagship species.
• Tribes of Nicobar
  • Great Nicobar is home to the Shompen and Nicobarese tribal peoples.
  • The Shompen are hunter-gatherers who depend on forest and marine resources for sustenance.
  • The Nicobarese, who lived along the west coast of the island were mostly relocated after the 2004 tsunami.
  • An estimated 237 Shompen and 1,094 Nicobarese individuals now live in a 751 sq km tribal reserve, some 84 sq km of which is proposed to be denotified.

Great Nicobar Island project

• In November 2022, the Environment ministry has given environmental clearance for the Centre’s ambitious Rs 72,000 crore multi-development projects in Greater Nicobar Island.
• The Great Nicobar Island (GNI) is a mega project to be implemented at the southern end of the Andaman and Nicobar Islands.
• The project includes an international container trans-shipment terminal, an international airport, township development, and a 450 MVA gas and solar based power plant over an extent of 16,610 hectares in the island.
• The port will be controlled by the Indian Navy, while the airport will have dual military-civilian functions and will cater to tourism as well.

Legal Challenges to the GNI Project

• Legal Challenges and Grounds for Appeals
  • In 2022, environmental activists challenged the environmental and Coastal Regulation Zone clearances granted to the project.
  • They cited irreversible damage to biodiversity, inadequate environmental impact studies, and opacity in the clearance process.
  • They highlighted the impact on the Shompen and Nicobarese tribal communities and the ecological sensitivity of the Island Coastal Regulation Zone (ICRZ-IA).
• NGT's Response and Formation of HPC
  • The NGT formed a high-powered committee (HPC) to revisit the project’s green clearance due to concerns about coral conservation, the port’s location in a prohibited area, and limited baseline data.
  • The HPC concluded that the proposed port does not fall in the ICRZ-IA.
• Recent petitions
  • In May 2024, Kothari filed two petitions before the NGT’s eastern bench.
  • The first challenged the exclusion of parts of the project from ecologically sensitive areas as per the 2019 CRZ notification.
  • The second accused the MoEFCC of contempt for not updating the NGT on the HPC’s findings and failing to act as directed.
  • ANIIDCO filed a counter affidavit, while MoEFCC requested more time to respond.
• High Court Cases
  • The activists also filed a writ petition in the Calcutta High Court challenging the NGT’s April 2023 order.
  • The petition argued that the NGT special bench overstepped its jurisdiction and failed to adequately consider the project’s environmental impact, delegating decision-making to the HPC.
  • It contended that the NGT should have directly evaluated the clearances and not relied on the committee.

Q.1. What is Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIIDCO)?

The Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIIDCO) is a government agency responsible for implementing and managing infrastructure projects in the Andaman and Nicobar Islands. It oversees development initiatives, including the Great Nicobar Island project, focusing on enhancing regional infrastructure and economic growth.

Q.2. What is Island Coastal Regulation Zone-IA (ICRZ-IA)?

Island Coastal Regulation Zone-IA (ICRZ-IA) is a category under India's Coastal Regulation Zone (CRZ) norms, designating areas along island coasts where certain developmental activities are prohibited to protect sensitive ecosystems. This zone aims to preserve coastal habitats, biodiversity, and the natural environment from detrimental impacts of construction.

Source: Explained: Legal challenges to the Great Nicobar infrastructure project  | The Hindu