Nijgadh Airport: Interlace of Environment, Development, and Rights

The country’s only International Airport, TIA, is already full to the brim. National research done in the late 1990s, led to the identification of eight probable sites. (NEPECON/ IRAD, 1995). Of the eight places, Nijgadh of Bara district was identified as the most suitable location for construction of a second international airport.

Lately, this project has been mired in controversy as eyebrows have raised over its plan to cut down a huge number trees. Tourism Minister, Rabindra Adhikari, has made this second International Airport as one of his flagship projects during his tenure. However, the move has drawn criticism from environmentalists and local units.

An Environmental Impact Assessment (EIA) report for the airport project prepared by the Ministry of Forest and Environment had been submitted through Ministry of Culture Tourism and Civil Aviation.

Nijgadh Airport has been proposed to be constructed according to ICAO Standard with the runway, taxiway, terminal, and apron. A Two-Run Way Airport which would be constructed in Phases:

– Phase I: Construction of a runway and its associated structures. (Estimated 9.2 million air passenger)

– Phase II: Construction of another runway which will cater to 60 million passengers.

As per schedule 2 of EPR, the construction of the new airport should follow the EIA Process. (The Environment Protection Act, 1997 and the Environment Protection Rules, 1997.)

As per the EIA report:
8045.79 hectors of land has been allocated for the construction of the airport. Out of which, 67.42 hectors of land include Kathghat settlement, and 9.0 hectors of the land of Kakdi are have privately owned, and the rest is owned by the government.

The TOR reckons 1900 hectors of area will be occupied by the airport, while the rest of the land will be required for the construction of necessary infrastructure. The estimated budget for the project is US $ 6,565 million. The Central Policy of this project revolves around The Civil Aviation Policy, 2006. Immediately after the appointment of Minister Rabindra Adhikari, the Committee formed advised not makes airports for cheap popularity, upgrade TIA and build Nijgadh Airport.

Legal and Procedural Hurdles
While questions have been raised regarding the execution of the project, the government called for Expression of Interest (EOI) before preparing the Detailed Project Report (DPR). There are legal hurdles since deforestation plan for the airport is in direct contravention with the Article 14 – Convention of Biological Diversity Act 1992, which Nepal is a party to. Similarly, Appendix 4 and Section 68 of Forest Act 1993, ‘warns for cautious uses of such rights only when no alternatives are found. ‘Controversies have loomed around this airport during 2012, when China Export-Import Bank had pledged a soft loan and China CAMC Engineering Co. Ltd. had been contracted for the project.

The project needs to be analyzed from the following perspectives:

1. a) Technical Aspects
   According to the report, published by the Aviation Ministry, the Air Passenger in the TIA is increasing at the rate of 13 percent per year. As in 2017, the TIA has catered 35 lakh national aero passengers. While Nepal lacks an alternative international airport during an emergency situation and natural calamity. Moreover neither purposed Pokhara Regional International Airport nor purposed Bhairawa Airport have the capacity, to bear plane like A320, Boeing 747, Boeing 687.

1. b) Geographical feasibility
   On July 31, and September 28, of the year 1992, two international planes—Thai Airways and the Pakistan Airlines—crashed. According to the inquiry report of both mishaps, it was concluded that the 40-45 radius of the TIA Airport compromised the hill which remained the primary source for the tragedy. Currently, most of the international flights that finds it difficult to land in TIA are diverted to Kolkata and the compensation could amount to Rs 500,000. Furthermore, the report asserted that the situation became worse because of inclement weather. Therefore, the company NEPIKA, in 1995 examined the eight areas for the potential international airport and owing to the following features, it opted for the Nijgadh Airport.

• Thriving terrain or soil
• Distance from the main city.
• Straight runway or orientation
• Easier rehabilitation of displaced people.

  It has been reported that the entire proposed area has the foundation of strong stone making its terrain or soil suitable. The government is planning to build an expressway connecting Nijgadh with Kathmandu. After the completion of the fast track road, it will require only 59 minutes to reach the Kathmandu (Capital City).

  Under such circumstances, moving towards northern side may have the problems of hill which has no plain terrain, and moving towards the central part would not be possible on account of the dense human population and it is closer to India. Some of the intellectuals have argued there is no use of this proposed airport given that India has been reluctant to provide airspace.

1. c) Economic aspects
   The proposed airport can be a catalyst for the promotion of the transit tourism. The tourist attraction around the airport is Parsa National Park, Gadhimai Temple of Bariyarpur and Sahajnatha Temple.

   It can be a hub to connect the Western Countries and South Asia. Internationally, after its completion, people can fly directly into Nepal from at least 26 countries. Although the government has proposed it as a transit hub, contradictory, the airplane companies are rapidly making technological advancement, with airplanes which can fly up to 18 hours continuously. If this trend continues, the concept of the transit will diminish in the foreseeable future. The government has a vision to increase the number of tourists to 20 lakhs by 2020. So infrastructure such as an airport is essential. The construction of the project would provide employment to the locals. The project has the fund for skill development and income generating training for the workers. It also plans to construct a Kathmandu-Terai Madhesh Express Way. The construction of the airport will enhance road networks, create hotels, cargo business,  opportunity for entrepreneurs, restaurant, travel agencies, and local market center.

2. d) Socio-Economic Factors
   In terms of rehabilitation, the proposed airport construction site occupies 90 percent area within the forest, only 1500 people have to be moved. Recently, the government made a policy that only the person who has landowner certificate is liable for the compensation. The principle of the Eminent Domain in the statecraft which means the government possess the power to seize the private property for public uses. The concerned residents of Tangiabasti (Dumarwana VDC Ward No. 7, Matiyani of Haraiya VDC and Kathghat of Karaiya VDC of Bara District are demanding for proper compensation while the public hearing require the airport to be constructed as soon as possible.

   Similarly, in a case involving the construction of Sardar Sarover Dam, The Supreme Court held: 
Social factors, namely, the supply of water and eco-friendly hydropower to drought-prone areas of the states of Rajasthan, Gujarat and Madhya Pradesh, rehabilitation of displaced persons, etc. should be taken into consideration while balancing environment and development. However, the government is only willing to offer compensation to the people who have the land ownership certificate.

3. e) Geopolitical Realities
   While the airport has been planned to remain an international hub, we cannot forget the geopolitical realities and modern aviation economies. In fact, India had offered to jointly construct the airport, refusing India’s offer and building an airport near security force base could hinder the chances of making this airport as an International Hub. However, in the ICAO Convention, it has clearly mentioned that it is mandatory for the one ICAO member to give the airspace to another ICAO member. Any unwillingness could be termed as the blockade. However, the modality of the agreement purely remains a bilateral discretion. Recently, India agreed to give new air route to Nepal.To prevent it from turning the necessary evil, the following aspects need to be analyzed:
4. Consideration of the area:
   In South Asia, ICAO declared the Chhatrapati Shivaji Maharaj (Mumbai) Airport as the best international airport of the entire Asia-pacific in terms of best management of the Air Traffic. However, its area is only 610-750 ha. They have adopted the ACDM approach in the airport management. In terms of the effective management of the air traffic, the primary factor is the management itself and area being the latter.
5. Environment/EIA Report consideration
   The majority of the forest is covered by Sal Trees, Hardwood Trees, and Khair Sisso Trees.The trend of natural regeneration in the project area has over 3,900 seedlings per ha. and over 700 well-established saplings per ha. 23 diverse specials of mammals are found in this area; however, the mammals occasionally enter the project areas which are not native to the project area. The construction area lies in the Buffer zone of Parsa Wildlife Reserve. It includes over 500 Avifauna species.

   If the trees were to cut, then the country could potentially lose 70 million on Timber, while 160 million on Global Carbon Fund and Rs 230 billion on Oxygen Value. This construction could potentially destroy over 80 km of last remaining of Char Kose Jhari. While earlier, the nation lost a significant number of trees during construction of East-West Highway (1970) and Transmission lines (1980).

   The Nijgadh Jungle, a habitat of the flora, fauna and the endangered animals like the tiger, elephant, birds, etc., is close to the Parsa wildlife reserve. So, the airport should be established in such a way that they include the alternative habitat. Otherwise, this could lead to the events like Hudson Plane Crash where a bird could have led to human casualties.

   In 2067 B.S. the government made a policy to compensate a dispatched tree by planting more 25 trees. However, the area for such plantation has yet not been prescribed by the government with timeframe. This has raised doubts among the ordinary folks that the government might forget its promise to plant trees as in the case of Ring Road construction phase when the government never fulfilled its promise to plant 13 trees to compensate for felling one tree.

Alternatives:
Murtiya, Sarlahi District has been suggested as an alternative site. It has been deemed as suitable alternative site, with a similar soil and slope. While the debate regarding the airport city is looming, construction of airport in Sarlahi could promote inclusive development according to The Growth Pole Theory. This could aid in the success of Federalism in Nepal with more extensive cooperation and investment between State 2 and Central government. Shiwalki Churia hills is 40 km away from this district, while from Nijgadh it’s only 25 km that could pose a potential threat. The international provision makes airlines pay to fly over foreign state, which is determined by Aircraft Weight and Distance traveled. Murtiya lies 45 km away from India, while Nijgadh is just 38 km away from India. Therefore, it is more profitable to make Murtiya as a site for an international airport.

ADB had prepared a report where it had mentioned that addition of Apron, Taxiway, Terminal Building Extension and Better Air Traffic Management could postpone the need of another international airport. According to it, TIA could be extended to the extent of the single runway. It had also estimated the cost for TIA extension to be around $100 million. Extending the TIA will be counter-productive since the Pepsi cola settlement needs to be relocated. According to the Jagga Prapti Ain, 2034: Section 14 the compensation needs to be given to the persons before acquiring the property. Constitution of Nepal, 2072: Article 25 also has a provision for the use of private land for the social welfare but on the condition of the compensation. However, the compensation amount required is unimaginable and there is a vast difference between the government rate and market value of property. While the Legal disputes from the aggravated parties could more significantly delay the construction. ICAO has also enlisted TIA as the third Graded Airport, therefore an extension of TIA is unfeasible.

The possible way forward:
Evaluation of Adverse Impacts: Impact on wildlife and their habitat loss and displacement:

1. i) Do nothing: This could lead to the degradation of the quality of TIA.
2. ii) Implementation of the proposed proposal:
3. a) Airport Infrastructures
4. b) Airport City

This could lead to the massive cutting down of trees and have a serious impact on biodiversity and habitat of mammals and birds.

iii) Airport City with Land Pooling: This is the best solution since a major part of the forest area will be retained as the forest cover. Ecological imbalance will be reduced. The economic development of the airport city will be extensive.

Recommendation:
Green Energy: Like in Kochi which boasts of the world’s first solar power airport making it also the world’s first ‘green airport’. Green energy should be promoted for the sustenance of the airport.

– More jobs should be provided to Nepali National Aeronautical Engineers.

– External/Independent party should review this EIA Report.