Plea before NGT seeks full disclosure of panel report on Great Nicobar Project
New Delhi/ Sri Vijaypuram (Port Blair): A new interlocutory application filed before the National Green Tribunal by activist Ashish Kothari has sought complete disclosure of the high-powered committee (HPC) report that reviewed alleged gaps in the clearances granted to the Rs 81,000-crore Great Nicobar Island mega-infrastructure project. The application also challenges the Centre’s decision to keep the report confidential.
In a report published by The Indian Express, Kothari has argued that the government’s claim of “strategic and privileged information” is being used to avoid judicial scrutiny, calling it contrary to facts. The plea states that the Environment Ministry’s refusal to share the report is “illegal and violative of principles of natural justice”, especially since the document directly concerns the clearances he has already challenged.
The application has been filed in ongoing proceedings before a six-member NGT bench headed by Chairperson Justice Prakash Shrivastava. The Bench is hearing two petitions by Kothari, one alleging violations of the Island Coastal Regulation Zone 2019 notification and another seeking a reconsideration of the environmental clearance granted to the project.
The HPC was constituted in April 2023 on the Tribunal’s directions to address “unanswered deficiencies” related to the project’s environmental impact. The committee was headed by former Environment Ministry Secretary Leena Nandan. The Ministry has earlier told the NGT that no part of the proposed trans-shipment port falls in a no-go development zone under the island’s coastal regulation framework, a point Kothari’s counsel has disputed.
The Great Nicobar project includes a trans-shipment port, an airfield for both civil and military use, a township, and a 450 MVA power plant based on gas and solar energy. The plan spans 166 sq km and requires diversion of 130 sq km of forest land.
According to an affidavit filed by the Environment Ministry on July 5, the HPC report was submitted to the Tribunal in a sealed envelope. A sealed copy was again circulated to the Bench on October 30 during the previous hearing.
In the new application, Kothari has urged the Tribunal not to rely on the findings of the sealed report, arguing that any decision based on undisclosed material would compromise natural justice and the right to a fair hearing. The plea notes that over 40 documents related to the project’s clearance process, including the environmental impact assessment and masterplan, are already public, and questions why the HPC’s review alone has been classified as confidential.
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Nicobar Tribal Council Alleges FRA Violations in Great Nicobar Wildlife Sanctuaries
Sri Vijaypuram (Port Blair): The Tribal Council of Little and Great Nicobar has alleged fresh violations of the Forest Rights Act in the notification of three wildlife sanctuaries linked to the Centre’s ₹92,000-crore Great Nicobar Island project, even as the Calcutta High Court is set to hear petitions challenging the mega project over similar concerns next month.
The Union government had, in October 2022, notified three wildlife sanctuaries in parts of Little Nicobar Island, Menchal Island and Meroe Island for the conservation of leatherback turtles, megapodes and coral ecosystems. The move came after the government acknowledged that the proposed infrastructure project on Great Nicobar Island would affect coral colonies and nesting habitats of endangered species.
However, the tribal council has maintained that the sanctuaries were declared without consultation with the Nicobarese communities who traditionally inhabit and manage these islands.
In a letter dated April 23 addressed to the Assistant Conservator of Forests of the Nicobar Forest Division, the council reiterated its opposition to the sanctuaries and objected to the formation of a committee to determine eco-sensitive zones around the protected areas.
The council said its chairman had not been consulted before being included in the committee and was informed of his membership only a month after the committee was constituted.
The three notified sanctuaries include the Leatherback Turtle Sanctuary in parts of Little Nicobar Island, the Megapode Sanctuary covering the entire Menchal Island and the Coral Sanctuary spanning the whole of Meroe Island.
According to the council, Menchal and Meroe islands hold deep cultural and spiritual significance for the Nicobarese community, which believes the islands are inhabited by the spirits of their ancestors.
The council demanded that the sanctuary notifications be revoked and the eco-sensitive zone committee dissolved, alleging that both decisions were taken against the wishes of the indigenous community.
Meanwhile, Jairam Ramesh has written to Tribal Affairs Minister Jual Oram alleging violations of the Forest Rights Act in the process of obtaining consent for diversion of forest land for the Great Nicobar project.
Ramesh argued that consent should have been obtained through the Tribal Council representing the Nicobarese communities instead of through Gram Sabhas representing settler families. He also questioned how the government-controlled Andaman Adim Janjati Vikas Samiti could provide consent on behalf of the Shompen community, classified as a Particularly Vulnerable Tribal Group.
He urged the Tribal Affairs Ministry to intervene and seek withdrawal of clearances granted for the project under the Forest Rights Act.
Earlier, Ramesh had also written to Union Environment Minister Bhupender Yadav alleging that environmental impact studies for the project were conducted in haste and without the detailed seasonal assessments mandated under environmental laws.
The dispute dates back to 2022 when the Andaman and Nicobar administration initiated the process for notifying the three sanctuaries before holding Special Gram Sabhas for diversion of forest land linked to the Great Nicobar project.
In May that year, the administration invited objections and claims regarding the proposed sanctuaries. Subsequently, on July 19, the Nicobar Deputy Commissioner certified that no objections or claims had been received.
The tribal council later wrote to the district administration stating that the notification process was carried out without ensuring that residents of Little Nicobar Island were informed as required by law. It alleged that no public announcements seeking objections were made in villages such as Bahua, Muhincoihn and Kiyang, whose residents traditionally use and manage parts of the notified areas.
The council said the Nicobarese community had protected the islands and wildlife for generations through customary practices and traditional belief systems.
It further argued that the sanctuaries would interfere with long-standing rights over forests and coastal areas. They noted that these areas are used for rituals, plantations, collection of forest produce, construction of huts and canoes, harvesting medicinal plants and worship.
In November 2024, the council objected to draft Island Coastal Regulation Zone plans, demanding basic infrastructure, instead of proposed eco-tourism activities in the sanctuaries. The council demanded better public restrooms, jetties, water facilities, pathways, and mobile connectivity.
The Nicobar administration issued a clarification in May 2025, stating that the sanctuaries would not affect hunting rights available to Scheduled Tribes in the Nicobar Islands. The council, however, rejected the clarification, stating that their dependence on forests and coasts extended far beyond hunting activities.
Earlier this month, a Bench led by the Chief Justice of the Calcutta High Court dismissed preliminary objections raised by the Union government against petitions challenging the diversion of forest land for the Great Nicobar project. The matter has now been listed for final hearing in June.
