Baghjan Blow-Out- Supreme Court Reconstitutes Committee Set Up By NGT To Assess Damages

In connection with the 2020 Baghjan blowout, the Supreme Court on Thursday reconstituted the committee set up by the NGT to assess the damage to and restoration of the Dibru-Saikhowa National Park and the Maguri-Motapung Wetland.The bench of Justices D. Y. Chandrachud, Vikram Nath and Hima Kohli was considering an appeal arising out of the NGT's adjudication of allegations of failure of authorities in preventing the blowout of Baghjan 5 oil well of the Respondent-Oil India Ltd., resulting in a massive fire causing irreparable loss to the entire biodiversity of the region and loss of lives and property. "We are surprised by this order of the NGT. It is the OIL Ltd. which is responsible for the damage to the wetlands and its own Managing Director has been inducted into the committee?!", Justice Chandrachud had observed when the matter first came up on July 1."We are very dissatisfied with the manner the NGT has pushed the matter off its hands. It is the National Green Tribunal, it must have some alacrity and concern for the environment. We might decide it ourselves. We will hear you and reconstitute the committee- One Committee, which may be headed by a former Supreme Court judge and would comprise environmental experts. We will do that exercise here only", the judge had said.On Thursday, when the advocate appearing for Oil India, sought to put forth certain suggestions as regards the constitution of the committee, Justice Chandrachud stated, "Why would we take your suggestions? You are the one who is responsible..."The bench also did not entertain the objections by ASG Aman Lekhi, for the OIL, to the appointment of Justice B. P. Katakey, former judge of the Gauhati High Court, as the chairperson of the reconstituted committee.When Senior Advocate Siddharth Mitra urged that no funds for rehabilitation of the environment have been forthcoming and that while affected human-beings could have protested and "gherao-ed" the OIL officials and claimed their compensation, "the dolphins, the flora and the fauna and the soil" cannot hold protests, Justice Chandrachud said, "That is very true"On Thursday, the bench recorded that the issue in the appeal arises from the damage and destruction caused by a blow-out that took place from the Baghjan oilwell of the first respondent Oil India Ltd in May 2020. As a consequence of the accident, extensive damage and destruction was caused to the biodiversity of the said National Park and the biosphere reserve. The National Green Tribunal constituted a committee of experts headed by Justice B. P. Katakey, former judge of the Gauhati High Court, by an order dated June 24, 2020. In its preliminary report of July 2020, the committee inter alia noticed the following damage: damage to publicly owned resources, the wetland, eco-sensitive zone including water bodies, air and wildlife, damage to private property of survivors in the affected villages. Oil India Ltd. was found not to possess the mandatory consent under sections 25 and 26 of the Water Act and section 21 of the Air Act. It started drilling operation in Baghjan oilwell in 2006, and it was found that OIL does not have the requisite consent under the law to carry on testing and drilling of hydrocarbons. OIL does not have authorisation under Rule 6 of Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016, which is a violation of the conditions stipulated in the Environmental Clearance.By subsequent progress report of October 2020, the Justice Katakey committee detailed widespread damage to the flora and fauna of the region, 35 varieties of fish species, many of which had been completely wiped out, drastically affecting oxygen and water levels, causing high mortality in marine life. The report recommended a comprehensive impact assessment along with an integrated restoration plan. When the matter was taken up by the NGT, it noted that about 9000 persons who had been displaced had been placed in camps at the cost of 11.17 crores, about 3000 families were paid an amount of Rs. 30,000 each, apart from Rs. 20 lakhs which was paid to those people whose houses were burnt. OIL accepted its liability to pay 68 crores as compensation under a tripartite agreement. Against this backdrop, the NGT did not proceed further on the issue of compensation.The three-judge bench further recorded that in view of the gravity of the accident, which resulted in a massive fire that continued for almost 6 months, the NGT constituted three committees: a six-member committee headed by the secretary Ministry of petroleum and natural gas to affix responsibility for the failure of those involved and present at the incident and to lay down the roadmap for ensuring safety protocols; a seven-member committee to enquire into non-compliance with statutory provisions including the air act, water act, environmental protection act and hazardous waste rules as well as the requirements of the EC in terms of the notification dated September 14, 2006; a ...

Baghjan Blow-Out- Supreme Court Reconstitutes Committee Set Up By NGT To Assess Damages

Mehal Jain

"The presence of OIL India Ltd MD in the 10 member committee to assess the damage and restore the National Park would lead to a serious conflict of interest and affect the fairness of the process."

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