Environmental activist Ashish Kothari has filed a significant legal plea before the National Green Tribunal (NGT), demanding the complete public disclosure of a crucial report concerning the massive Great Nicobar Island infrastructure project. The application directly challenges the central government's stance of keeping the document confidential, labeling it a tactic to avoid judicial scrutiny.
Legal Challenge Against Confidentiality
In an interlocutory application (IA) submitted to the NGT, Kothari has sought full transparency regarding the report prepared by the Centre's high-powered committee (HPC). This committee was established in April 2023 on the NGT's own orders to address serious deficiencies in the environmental clearances granted for the Rs 81,000 crore mega-development.
The plea argues that the Environment Ministry's refusal to share the HPC report is "illegal and violative of principles of natural justice". It further alleges that the government's claim of strategic and privileged information is a "convenient claim to escape judicial scrutiny of their actions" and is contrary to established facts.
The Stakes of the Great Nicobar Project
The ambitious project, which has raised considerable environmental concerns, involves large-scale construction on the ecologically sensitive Great Nicobar island. The key components include:
- A major international trans-shipment port.
- A large township to support the development.
- A dual-use airport for both civil and military purposes.
- A 450 MVA power plant based on gas and solar energy.
The project is planned to be spread over a vast 166 square kilometers, with 130 square kilometers of this area being forest land that requires diversion.
Ongoing Hearings and Government's Position
A six-member bench of the NGT, led by Chairperson Justice Prakash Shrivastava, is already hearing two separate petitions from Kothari. These challenge alleged violations of the Island Coastal Regulation Zone 2019 notification and seek a revisit of the project's environmental clearance.
The Environment Ministry, in its defense, has previously stated that no part of the proposed trans-shipment port falls within a no-go development zone, a claim that Kothari's legal counsel has contested. The Ministry had submitted the HPC report to the NGT in a sealed envelope on July 5 and again circulated it in a sealed cover on October 30 during a prior hearing.
Kothari's application urges the Tribunal not to rely on the contents of the secret HPC report, arguing that any decision based on such undisclosed material would violate natural justice and prejudice the right to a fair trial. The application pointedly questions why the HPC report is deemed confidential when over 40 other documents related to the project's clearance, including the Environmental Impact Assessment and the master plan, are already in the public domain.
