Great Nicobar Project Gets NGT Approval: Environmental and Strategic Implications for India

NGT approval to the Great Nicobar Project marks a key step in India’s strategic and infrastructure push, raising critical environmental concerns about biodiversity, tribal rights, and coastal ecology.

Table of Contents

Context

The National Green Tribunal (NGT) cleared the roadblock for the ₹72,000-crore Holistic Development of Great Nicobar Island project. The Tribunal upheld the Environmental Clearance (EC) granted by the Ministry of Environment, Forest and Climate Change (MoEFCC), stating that “adequate safeguards” have been incorporated to protect the island’s unique biodiversity.

Great Nicobar Island Development Project (GNI)-Overview

Launched in 2021, the GNI Project envisions developing the southern tip of Great Nicobar Island into a global trans-shipment hub. Spearheaded by NITI Aayog and ANIIDCO, the ₹72,000 crore project includes:
- Trans-shipment port at Galathea Bay (capacity: 16 million TEUs/year)
- International airport (dual civil-military use)
- 450 MVA gas & solar power plant
- Township for ~3 lakh residents over 166 sq km
Intended Objectives
- Strengthen India’s logistics and shipping network.
- Enhance defence preparedness in the eastern Indian Ocean.
- Generate employment and tourism opportunities for the region.
Significance of the GNI
- Strategic and Defense
  - Geostrategic Location: Great Nicobar Island sits near the mouth of the Malacca Strait, one of the world’s busiest shipping lanes, through which one-third of global sea trade passes. It is also in proximity to the vital Sunda Strait and Lombok Strait, and the Coco Islands.
  - Defense Capability: Developing a naval-capable deep-water port and an airfield will significantly strengthen India’s existing tri-services military command.
    - This allows India to position ships, aircraft, and drones closer to the eastern Indian Ocean’s strategic crossroads to monitor critical sea lanes and enhance regional security.
  - Economic and Connectivity
    - Regional Maritime Hub: The establishment of a Transhipment Port will attract cargo that is currently handled by ports in nearby countries like Singapore or Colombo, capitalizing on the island’s closeness to the Malacca Strait.–> Currently, nearly 75% of India’s transhipped cargo is handled outside the country.
    - Economic Benefits: The project is expected to generate significant economic advantages, including forex savings, attracting Foreign Direct Investment (FDI), increasing economic activity at other Indian ports, and generally improving logistics infrastructure.
    - Improved Connectivity: The development will enhance the island’s connection to the Indian mainland and other destinations, making Great Nicobar more accessible for tourism, trade, and strategic logistics.
  - Concerns
    - Biodiversity Loss: The project requires the diversion of nearly 130 sq. km of forest land and the felling of nearly 8.5 lakh trees.
    - Galathea Bay: This is a primary nesting site for the Giant Leatherback Turtle (the world’s largest sea turtle) and the Nicobar Megapode.
    - Tribal Rights: The island is home to the Shompen (a Particularly Vulnerable Tribal Group – PVTG) and the Great Nicobarese. Experts fear the influx of outsiders will lead to cultural erosion and health risks for the isolated tribes.
    - Seismic Risk: The Andaman and Nicobar Islands are in Seismic Zone V (High Risk), and the 2004 Tsunami caused significant land subsidence in the Galathea area.

National Green Tribunal

1. Nature and Establishment

● Type: It is a Specialised Statutory Body.

● Established: October 18, 2010, under the National Green Tribunal Act, 2010.

● Inspiration: Guided by Article 21 of the Constitution (Right to a healthy environment).

● Global Standing: India is only the third country in the world to set up a specialized environmental tribunal (after Australia and New Zealand) and the first developing country to do so.

2. Composition and Appointments

● Structure: Consists of a Chairperson, Judicial Members, and Expert Members.

● Membership Strength: Minimum of 10 and maximum of 20 full-time Judicial and Expert members.

● Chairperson: Appointed by the Central Government in consultation with the Chief Justice of India (CJI).

● Selection Committee: A committee is formed by the Central Government to appoint Judicial and Expert members.

● Term: Members hold office for a term of 5 years and are NOT eligible for re-appointment.

3. Jurisdiction and Powers

● Mandate: Tasked with the “expeditious disposal” of cases relating to environmental protection and conservation of forests.

● Time Limit: The NGT is mandated to make an effort to dispose of applications or appeals finally within 6 months of filing.

● Legal Principle: The NGT is not bound by the procedure laid down under the Code of Civil Procedure (CPC), 1908, but is guided by the principles of natural justice.

● Adjudication: It has the power to award compensation and damages to victims of pollution and other environmental damage.

● Appeal: An appeal against an order/decision of the NGT lies directly to the Supreme Court, usually within 90 days.

4. Laws under NGT’s Jurisdiction

The NGT deals with civil cases under the following seven specific laws:

1. The Water (Prevention and Control of Pollution) Act, 1974.

2. The Water (Prevention and Control of Pollution) Cess Act, 1977.

3. The Forest (Conservation) Act, 1980.

4. The Air (Prevention and Control of Pollution) Act, 1981.

5. The Environment (Protection) Act, 1986.

6. The Public Liability Insurance Act, 1991.

7. The Biological Diversity Act, 2002.

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