Bonani Kakkai Oil India Draft

The Supreme Court on Wednesday

A bench of Justice DY Chandrachud, Justice Sanjiv Khanna and Justice Surya Kant 

The bench was hearing an appeal filed by activist Bonani Kakkar against the February 19 order passed by NGT wherein it had set up a committee of experts to look into the extent of damage and responsibilities of OIL in Bhagjan Oil Wells Blowout case. 

Earlier, the Supreme Court had reconstituted the Committee formulated by the National Green Tribunal to probe into the Assam Baghjan Oil Well fire.

The tribunal in its order held OIL responsible for the fire and blamed hydrocarbon exploration unit for failing to take necessary safety precautions. 

The National Green Tribunal, by its order dated June 24, 2020, constituted a Committee of Experts following the damage and destruction caused to the biodiversity of Dibru Saikhowa National Park and Biosphere Reserve due to the blowout which took place from Baghjan Oil wells, on 27 May 2020.

A preliminary report was submitted on 24 July 2020 by a Committee appointed by the NGT detailing the extent of damage caused.

A progress report was thereafter filed on 31 October 2020 setting out the destruction of fish species and the severe environmental impact caused by the blowout.

The NGT, in this backdrop constituted:

(a)  A six-member Committee to fix the responsibility for the failures of the concerned individuals present at the incident and to lay down a road map for ensuring compliance of safety protocols;

(b)  A seven-member Committee to enquire into non-compliance with the statutory provisions; and

(c)  A ten-member Committee to assess the damage to and restoration of the National Park and Wetland and to take over all surviving issues from the earlier Committee. 

Case Title: Bonani Kakkar v. Oil India Limited & Ors.