Centre didn't comply with NGT order on Great Nicobar project: Plea
In a 39-page detailed submission made on July 24 by petitioner-environmentalist Ashish Kothari said the objective of this application is to seek the enforcement and implementation of the law. The petitioner highlighted that the three terms of reference for the NGT-appointed high-powered committee (HPC) were not met — specifically related to coral transplantation, environmental baseline data collection and review coastal regulation zone (CRZ) boundaries of the proposed port project.
On April 3, 2023, NGT directed that clearance dated November 11, 2022 be revisited in the light of 'some unanswered deficiencies' pointed out by the appellants which need to be addressed. 'By way of instance, it is pointed out that out of 20,668 coral colonies, 16,150 are proposed to be translocated without any mention of threat to the remaining 4,518 coral colonies. It is pointed out that ICRZ Regulations prohibit destruction of corals. Further, data collected for impact assessment is only of one season as against requirement of three seasons. It is also shown that part of the project is in the CRZ IA area where Port is prohibited,' the NGT had said.
HT had reported on April 7, 2023 that NGT had constituted a high-powered committee, headed by Union environment ministry secretary, to revisit the environmental clearance (EC) granted by the ministry to the Great Nicobar township and area development project. Experts, however, have questioned how a subordinate authority headed by the environment secretary revisit the green nod granted by its own ministry?
In the submission to NGT, the petitioner has pointed out that several clauses of the Island Coastal Regulation Zone (ICRZ) Notification, 2019 and its annexure prohibit the destruction of corals. Annexure I to the notification prohibits destruction of corals, coral reefs and surrounding areas and allows coral transplantation activities only when necessary for regeneration after obtaining permission under the Wildlife (Protection) Act, 1972. Activities like dredging and discharge of ballast water are also prohibited in and around coral reefs.
'Even according to the MoEFCC, the HPC has only looked at the Zoological Survey of India's (ZSI) proposal to translocate coral colonies, and has agreed with the recommendation of ZSI. The mandate of the law, the fact that coral reefs are protected and that their translocation is not permitted by law etc. have not even been considered by the HPC,' the submission said.
Importantly, the petitioner has pointed out that fringing coral reefs around the island have been marked clearly in the draft ICRZ coastal land use plans prepared under the 2019 notification but they are not there in the approved land use plans.
'Even according to the MoEFCC, the ZSI's report itself states that 16,150 coral colonies need to be translocated due to the port project. The ICRZ Notification, 2019 does not permit such transplantation to facilitate or clear the area for a port. Coral reefs and their associated biodiversity are extremely sensitive and cannot be moved around to suit the convenience of project proponents,' the submission added.
It further claimed that the second aspect of TOR was also not met. 'The MoEFCC and the HPC have failed to see that the requirement of comprehensive EIA, i.e, an EIA based on three season data collection, is mandated under the ICRZ Notification, 2019 and the EIA guidance manual itself requires data collection of more than one season...' it said, adding that the survey of ecology and biology was conducted between December 14 and 22, 2020, and the survey of leatherbacks was conducted between February 12 and 18, 2021 and hence the season was not covered.
The third ToR was to 'Review the boundaries of the port project with respect to ICRZ Notification, 2019.' The tribunal in its April 2023 verdict has observed that 'it is also shown that part of the project is in the CRZ IA area where Port is prohibited.'
The 2019 notification lists mangroves, corals and coral reefs, biologically active mud flats, turtle nesting grounds, nesting grounds of birds as CRZ IA — ecologically sensitive areas. 'It is submitted that coral reefs, turtle nesting sites, megapode (bird) nesting grounds, mangroves, etc. do not and cannot magically disappear to suit the convenience of the project proponent. It is shocking that the HPC has relied only on a report of the NCSCM, the consultant of the project proponent, to come to the conclusion that no part of the project area falls under CRZ IA,' the submission said.
The petitioner also prayed that ecologically sensitive areas be excluded from project areas.
'Unless this tribunal directs the exclusion of admitted CRZ IA areas such as coral reefs along the coast, turtle nesting grounds, megapode nesting grounds, biologically active mudflats etc. from the project area, they will be converted and destroyed,' it said.
The matter was heard by NGT's eastern bench on July 24. People aware of the matter said additional solicitor general (ASG) Aishwarya Bhati submitted that the ministry did not violate any law and was aware of the sensitive nature of the island's environment and has ensured that sustainable development is achieved while keeping in mind the strategic requirements to ensure national security.
The hearing was adjourned and the tribunal directed the MoEFCC to produce the revised layout which excludes all the CRZ-1A areas from the port, according to lawyers. The matter will be heard again on August 6.
ASG Bhati did not respond to HT's request for a comment on whether the ministry will be making a submission on other concerns raised in the application.
The Great Nicobar Holistic Development Project has four major components: an international container transshipment terminal (ICCT); an international airport; a power plant; and a township. The total cost is estimated at ₹81,800 crore. The Nicobar Islands fall in the Sundaland Biodiversity Hotspot and cover the western half of the Indonesian archipelago.
Union environment minister Bhupender Yadav in August last year said that 'exemplary mitigation measures' have been incorporated to minimise the environmental impact of the project, 'keeping the strategic, national and defence interests' in mind.
.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
23 minutes ago
- The Hindu
TDP, YSRCP have failed A.P.: Ex-Union Minister
Former Union Minister and Congress Party senior leader Killi Kruparani alleged that both the Telugu Desam Party (TDP) and the Yuvajana Sramika Rythu Congress Party (YSRCP) MPs have failed to exert pressure on the Union government in regards to implementing Special Category Status (SCS) and other statutory assurances outlined in the AP Reorganization Act-2014 which was enacted by the then UPA government to protect the interests of residual Andhra Pradesh. Addressing the media on Monday, Ms Kruparani said, 'All the 25 Lok Sabha members and 11 Rajya Sabha members from Andhra Pradesh have 'completely surrendered' to the Modi-led government. This is evident with with their silence in Parliament over key issues such as SCS, ₹70,000 crore package, financial assistance for Amaravati construction and other projects.' She charged the TDP led NDA government of failing to meet the expectations of people and instead prioritising and focussing only on political vendetta to settle scores with the YSRCP. Ms. Kruparanni sarcastically asked the government to construct more jails since many leaders, officials were expected to be jailed in future. The Congress Party senior leader Gadem Venkata Trinnadha Rao, Killi Ramamohana Rao, Rella Suresh and others were present.
Hindustan Times
an hour ago
- Hindustan Times
New doctrine & the terrorist food chain
Union home minister Amit Shah recently detailed the killing of three terrorists in the forests of Dachigam, and recounted the forensic evidence linking them to the Pahalgam attack. Much is yet to be revealed about their movements and their handlers as their communication sets and other electronic equipment are examined. What is certain is that these are highly trained terrorists, almost irregular, able to virtually disappear into the forests and with little contact with the population. More such groups are understood to be in the forests, waiting for a signal to move. In this context, we must evaluate India's new doctrine, which states that any terrorist attack will be considered an act of war, and retaliation not just against terrorists, but also against their backers. That's a much-needed drawing of red lines in the face of a persistent terrorist threat. But wars of any kind, limited or otherwise, are an expensive business, in this case, requiring almost continuous military readiness. Certainly, it can be done, and actions towards that are well in hand. But ideally, it would be as well to prevent terrorists from gaining their objectives in the first place. That means dealing with it in its entire spectrum. First, it is now obvious that the Pahalgam attack had several simultaneous objectives. In descending order, the first was to light a fire in Kashmir that would end the influx of tourists into Kashmir, and to coerce the security forces to once again launch forceful counter terrorism (CT) operations in the Valley. Both are linked issues, and both have the potential to send Kashmir back to the 1990s. Though the Amarnath yatra has picked up in full scale, together with security measures, tourism is a different kettle of fish. The sight of thousands of soldiers standing around is hardly likely to enthuse the average selfie-seeking tourist. But oversight is vital, and it is time to shift from the time-tested method of blanketing the area with troops to one that involves intense surveillance camera coverage, paired with facial recognition, Artificial Intelligence (AI) and big data. China's Safe Cities projects are a flourishing business, using both foreign vendors and local manufacturers, and are exported elsewhere, including Pakistan. Islamabad is now fitting another 3000 AI-enabled cameras in addition to the 2,500 already there. Notice that Islamabad has largely escaped terror. Even as soldiers disappear from the streets, tourism can take off safely, giving Kashmiris their income and preventing a relapse to supporting terrorists for money. This also leaves the security forces with manpower to do other CT tasks. This time round, ways have to be found to knit CT operations into a public programme for local safety. Second, the methodology of Pahalgam, deliberately separating Muslims from Hindus, and gunning down the latter, is aimed at the larger Bharat, and is the most dangerous tool yet. That an almost derelict terror group, the Al Qaeda in the Indian subcontinent, called for Muslims to rise against the present government in a holy war, and that too in both English and Urdu, is one indication. Then, there is a spate of disinformation; for instance, a recent video of a man from a minority community allegedly beating his Hindu wife. A fact check showed this as completely false. Others are aimed at communally sensitive areas like Sambhal in Uttar Pradesh, where a video claiming an alleged attack on Hindu devotees on their way to a temple by a group of jihadists was a fight within the group over fruit. Guidelines prepared by the ministry of home affairs need to be updated, particularly in border areas like West Bengal, where a variety of criminal elements operate together with jihadis from Bangladesh. Local politics hardly helps. An empowered committee comprising experts from different fields — from information warfare to social sciences — needs to review the ways to deal with a communal divide that is being further fostered, with imaginative solutions rather than sops to any community. Third, there is the reality of near round-the-clock operational readiness. That includes not only making or buying critical weaponry for stand-off war, but also a commitment to stock inventory for a conflict which may break out at any time and at very short notice. The challenges are outlined extensively elsewhere in terms of creating a conventional capability that will deter in itself, promising multiple ways of punishment that will prevent Islamabad's usual recourse to crying wolf with nuclear weapons. But in terms of CT, what is vital is better 'eyes and ears'. That is, the ability to listen in to terrorist conversations, not just to intruders, but also their handlers, entire families, and everybody around them. Terrorists have become tech smart, not just in communication with so-called 'ultra sets' that completely bypass mobile towers and self-erasing messages, but in raising and moving money. That means better technical solutions, and highly boosted human intelligence. In sum, all our major intelligence agencies need more funding, as well as partners from countries with a strong self-interest in such operations. Finally, terrorism in Pakistan is sponsored by less than 0.0002% of the population, which is the army and its proxies. Generally, civilian leaders have an interest in prosperity and turning Pakistan into a hub for cross-continental trade, because it promises money for themselves and their voter base. This was once proposed by then army chief General Bajwa, and backed by then prime minister Imran Khan. Diplomacy must focus tightly on regenerating a flailing democracy-first narrative, ensuring that international aid is tied to democracy, and publicising that considerable largesse awaits if the Pakistan army steps back into the shadows. It's a tall order, but not impossible. A post-Sindoor Gallup poll showed high praise of the army, but also strong support for reviving trade and sports links with India. To deal with terrorism, understand the whole food chain — from ambitious generals to the hawala traders. As seen recently, war only gives them the oxygen they crave. Peace would choke them to death. Tara Kartha is a former director of the National Security Council Secretariat. The views expressed are personal.
Hindustan Times
an hour ago
- Hindustan Times
Speaking for Jharkhand
Not always do people who emerge as leaders from the grassroots successfully translate their popularity into electoral success. This is especially the case when the leaders belong to marginalised communities that lack the economic resources and legacy advantage to build and sustain a political party. Shibu Soren was an exception. His public life, which spanned over six decades, saw many ups and downs, but it stands for his remarkable endurance as a politician who straddled the complex worlds of Adivasi identity in Jharkhand and coalition politics at the Centre. He was thrice the chief minister of Jharkhand and multiple times a Union minister. But his political legacy extends beyond the short tenures he had in office: In fact, his political biography is synonymous with the history of the rise of the Jharkhandi identity and the Jharkhand state. Shibu Soren's political biography is synonymous with the history of the rise of the Jharkhandi identity and the Jharkhand state. (ANI Photo) The movement for a separate state for the native residents of the Chhotta Nagpur plateau, divided into many tribes and speaking numerous tongues, goes back to the 1950s. But the early decades after Independence, a period that marked the consolidation of an umbrella Indian identity, sought to delegitimise the identity concerns of marginalised communities. Leaders such as Soren challenged this narrative and fearlessly organised at the grassroots on social and economic agendas. The Jharkhand Mukti Morcha (JMM), established in the 1970s with Soren as one of the founders, brought together identity concerns and working-class agendas, which enabled the movement to build solidarities beyond Adivasis. It fought the liquor mafia, instituted direct action to end land alienation among locals, ran literacy campaigns and advocated the establishment of schools, and worked to create parallel credit networks. The statehood demand was revived in the 1980s, which culminated in the formation of a separate state in 2000. The JMM in office embraced the vices of the establishment and abandoned the lofty ideals of the movement. This is perhaps the fate of all movement-centric outfits — the Congress, CPI and CPI-M, the Dravidian parties, Bahujan Samaj Party, among others — as they transition to parties of office. That said, Soren will be remembered as a leader from an underprivileged community who fought for his people, established their political agency, and enabled the founding of a state centred on the Jharkhandi identity. The allegations that continued to dog Soren through the course of his political career — they ranged from murder to corruption — are a reflection of the political economy of the resource-rich region he emerged from. His party may have failed in transforming how politics is played, but the very fact that it was a player made it, and him, unique among tribal mobilisations.
