- By Adv. Mohit Sharma
In the case of Ashish Kothari vs The Ministry of Environment, Forest & Climate Change &Anr. Great Nicobar township and area development matter will be heard on February 27 by a larger bench of NGT.
Applicant has filed the application requesting a direction to the respondent to re-visit the Environmental Clearance granted on November 11, 2022.
The application has been filed by the Respondent No.1, Ministry of Environment, Forest and Climate Change (MoEF&CC) praying that a larger Bench of the National Green Tribunal, Eastern Zone be constituted comprising of six or more members.
The Tribunal in its order also directed the Ministry of Environment, Forests and Climate Change to constitute a High-Powered Committee.
A six member bench through an order dated 03 April 2023 constituted a high powered committee headed by the secretary of the union environment ministry to revisit the environmental clearance (EC) granted for the infrastructure projects which covers an area of 16,610 hectares.
The order stated that there can be no disagreement regarding the necessity for adequate studies on potential adverse impacts on coral reefs, mangroves, turtle nesting sites, bird nesting sites, other wildlife, of erosion, disaster management and other conservation and mitigation measures.
On December 5, The Ministry of Environment appealed for a larger bench of the NGT consisting of six or more members to hear the plea related to the mega infrastructure project to which NGT , Easter Zone Bench, Kolkata passed an order citing that the Tribunal does not have a jurisdiction to a larger bench as that power solely lies with NGT Chairperson.
On February 7 before the national green tribunal eastern zone bench, Kolkata pass a order which said that the Tribunal has no jurisdiction to constitute a bench as that power lay exclusively with the NGT chairperson. The Ministry of Environment, Forest & Climate Change then appealed that the matter be heard by the chairperson. The case has been adjourned to February 27, 2025, for further hearing.
