Reported by
Legal Review by
Edited by
Updated by
Published on
June 28, 2023
June 30, 2023
Edited on
June 28, 2023
Land Area Affected (in Hectares)
Starting Year
Greater Nicobar Island
Campbell Bay
Nicobar
Other Kind of Infrastructure
The project will see the loss of access to the land of the Indigenous Shompen tribe and the traditional land of the Nicobarese tribes. The site is home to Leatherback turtles, Nicobar megapode (a flightless bird endemic to the Nicobar islands), Nicobar Macaque and saltwater crocodiles. Around 8.5 lakh trees will be felled, loss of 12 to 20 hectares of mangrove cover and considerable coral translocation as well is expected.
National Park
The plan for the Holistic Development of Great Nicobar Island in Andaman and Nicobar Islands, has become the centre of numerous conflicts, with environmentalists, civil society organisations and former civil servants expressing diverse concerns and viewpoints. The plan is centred around the development of a greenfield city which includes development of four projects: an International Container Transhipment Terminal (14.2 million TEU) along with a Greenfield International Airport (4000 Peak Hour Passengers-PHP, dual military-civilian function), a Township & Area Development and a 450 MVA Gas and Solar based Power Plant in a total area of 16610 Ha. in Nicobar district
Environmentalists have voiced strong opposition to the projects citing potential ecological damage to the delicate marine ecosystem and the destruction of critical habitats for endangered species such as the Leatherback turtles, Nicobar megapode (a flightless bird endemic to the Nicobar Islands), Nicobar Macaque and saltwater crocodiles. They argue that the construction of the port, along with the associated infrastructure, could lead to irreversible environmental degradation and loss of biodiversity in the Greater Nicobar region. The project will divert over 130 square kilometres of forest land and the felling of around 8.5 lakh trees. It is also likely to affect the mangrove cover and coral reef in the area.
While the government claims that the locals will not be displaced by the project, it has said in the Parliament that the project will use about 7.114 sq. km of tribal reserve forest land, where the Shompen, a Particularly Vulnerable Tribal Group (PVTG), and the Nicobarese reside. Moreover, the detailed EIA shows that land belonging to 1761 people and 379 households will be acquired under LARR, 2013.
The Nicobarese tribe residing in the area have raised concerns about the potential infringement on their ancestral lands and disruption of their traditional way of life. As it is, many of the residents are yet to be relocated into their old habitats after they were displaced in the aftermath of the Tsunami of 2004. On 25 August 2022, the Nicobarese [had written](https://greentribunal.gov.in/sites/default/files/news_updates/Rejoinder filed by the Applicant in Appeal 32 of 2022 (EZ) Ashish Kothari Vs. The MOEFCC & Anr.pdf)** **to the Lieutenant Governor requesting relocation to their pre-tsunami villages which are now falling within the proposed project sites. But despite their insistence on returning to their ancestral lands, both forest clearance and environment clearance were granted to the project in October and November 2022 respectively.
The Andaman and Nicobar administration has also not implemented the Forests Rights Act 2006 justifying it on the grounds of the existence of the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Act, 1956 (PAT56).
Under PAT56, forest land has been marked as Tribal Reserves in the island, over which local tribespeople have been given rights to use and collect resources as and when needed for their daily sustenance. By using land falling under the Tribal Reserves the proposed project will be violating the indigenous rights.
Citing violations under the Forest Rights Act (FRA), 2006, among others, the National Commission for Scheduled Tribes (NCST) has issued notice to the district authorities in Andaman and Nicobar Islands on grounds that the project will significantly affect the rights of local tribespeople and that the NCST was not consulted.
Critics question the economic viability and sustainability of the project. They argue that the expected benefits, such as job creation and economic growth, may not outweigh the potential costs and negative impacts on the environment and local communities.
There are also concerns about inadequate consultation and lack of transparency in decision-making, leading to distrust among stakeholders. The administration has now tried to stall the entry of outsiders to the islands by denying entry to non-islanders.
The project cites the increasing presence of China as a major thrust for the project saying it will provide accessibility to the Air Force and the Navy lands located near Indira Point— India’s southernmost point.
China has constructed a deep‐water port at Chittagong, Bangladesh, and is seeking increased Naval and commercial access in the area with the Chinese Navy allowing the use of the harbours at Chittagong and access to refuelling stations for its aircraft.
A special bench of the National Green Tribunal has temporarily put the mega project on hold after a clutch of petitions appealed against the project. NGT has constituted a high-powered committee to revisit the environmental nod granted to the project. The stay is for two months until the High-Powered Committee revisits the clearance. Environmentalists have slammed the stay as being inadequate.
** **
The conflict highlights the complex interplay between the development aspirations of India along with its defence ambitions on the one hand and environmental conservation, questions of sustainable practices and the activism surrounding the same, which needs to be balanced with the rights of its indigenous communities. Balancing these competing interests and finding a mutually beneficial solution will decide the outcome of the project.
Complaint against procedural violations
Demand for legal recognition of land rights
Refusal to give up land for the project
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Rural
Common
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Other Natural Resource extraction/dependence, Water bodies, Other environmental services, Religious/Sacred/Cultural value
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
75000
Type of investment:
Cost of Project
Year of Estimation
2021
Page Number In Investment Document:
24
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Controversial land acquisition by the government
Non-implementation/violation of FRA
Violation of environmental laws
Violation of free prior informed consent
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
The National Green Tribunal Eastern Zone at Kolkata
Name(s) of the Court(s)
NGT
Case Number
Appeal No. 29 to 32 off 2022
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Government Departments Involved in the Conflict:
The Ministry of Environment Forest & Climate Change, Andaman & Nicobar Islands Administration
PSUs Involved in the Conflict:
Andaman and Nicobar Islands Integrated Development Corporation
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Image Credit:
Image Credit:
© 2023 Nut Graph LLP
All Rights Reserved.
