NGT Refuses to Consider Secret Report on Great Nicobar Project, Favors Transparency

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In a significant development, the National Green Tribunal (NGT) has ruled that it will not consider a confidential report on the Great Nicobar Holistic Development project, citing concerns over transparency and the principle of natural justice. The high-powered committee report, submitted by the Union environment ministry, was not made available to the applicant, Ashish Kothari, despite his lawyer's request for a copy. The NGT bench has decided to limit its consideration to the pleadings on record filed by the parties, as the report was not disclosed to the applicant and its contents are not publicly known. This decision is seen as a victory for transparency and accountability in the project's approval process. The high-powered committee, headed by the Union environment ministry secretary, was set up to revisit the environmental clearance granted to the project. However, experts had questioned the authority of the committee to review its own ministry's decision. In its order, the NGT bench cited several Supreme Court judgments, including S.P. Gupta vs. Union of India and Madhyamam Broadcasting Ltd v. Union of India, to support its decision. The Centre's counsel has stated that there is no objection to the NGT limiting its consideration to the pleadings, as the report's contents are already mentioned in the pleadings. The NGT has reserved its final judgment on the original application, which was heard after all parties concluded their arguments. The decision is seen as a significant step towards transparency and accountability in the approval process of the Great Nicobar project.