National Green Tribunal Upholds Environmental Clearance for Transshipment Terminal, Emphasizes Adherence to ICRZ Notification, 2019
The National Green Tribunal (NGT) Eastern Zone Bench in Kolkata has upheld the environmental clearance for the International Container Transshipment Terminal and associated facilities in Great Nicobar Island, emphasizing the need for a balanced approach between strategic development and environmental protection. The tribunal, led by Mr. Justice Prakash Shrivastava, along with other judicial and expert members, concluded that the project adhered to the necessary environmental safeguards outlined in the Environmental Clearance (EC) conditions, ensuring compliance with the Island Coastal Regulation Zone (ICRZ) Notification, 2019.
The decision comes after applicant Ashish Kothari raised concerns over potential violations of the ICRZ, especially regarding the destruction of coral reefs and location of the port in ecologically sensitive areas like CRZ-IA. The tribunal found no violation of Clause 3(i) of the ICRZ Notification, 2019, and noted that adequate measures, such as coral translocation, were in place to protect sensitive ecological areas.
The tribunal highlighted the strategic significance of the project, which aims to bolster India's presence in the Indian Ocean Region and counter regional challenges. It also noted the socio-economic benefits, including the generation of over 128,000 job opportunities and the development of infrastructure to support the local population.
In response to environmental concerns, a High-Powered Committee was constituted to address specific issues, including coral destruction and CRZ classification. The committee's findings supported the safeguards provided in the EC, confirming that no part of the project fell within CRZ-IA.
The tribunal's ruling underscores the importance of strategic projects for national security and economic development while ensuring environmental sustainability. It directed strict adherence to EC conditions to mitigate environmental impacts and promote the protection of ecologically sensitive areas.
Bottom Line:
Strategic and Environmental Considerations - Development projects of national importance, such as the International Container Transshipment Terminal in Great Nicobar Island, must balance strategic benefits with environmental safeguards. Compliance with ICRZ Notification, 2019 and Environmental Clearance (EC) conditions is essential to protect ecologically sensitive areas.
Statutory provision(s): Environment (Protection) Act, 1986, Island Coastal Regulation Zone (ICRZ) Notification, 2019, Forest (Conservation) Act, 1980, Right to Information Act, 2005
Ashish Kothari v. MoEF & CC, (NGT)(Eastern Zone Bench, Kolkata) : Law Finder Doc id # 2854725
