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The Supreme Court today stayed National Green Tribunal (NGT)’s order of including an official of Oil India Ltd (“OIL”) official in a 10 member committee that was formulated to assess the damages caused to biodiversity due to fire at Assam’s Baghjan oil well. 

Bench of Justice DY Chandrachud and Justice MR Shah while expressing its disappointment of NGT holding the corporation responsible for the losses and still including the official in the Committee said, 

“We are surprised that NGT first holds that Oil India is responsible for the damages to the environment and for destroying the wetlands and then an officer of Oil India is made a member of the committee to go into these issues.”

The court also issued notice returnable within 3 weeks and said, “Till the next date of listing, there shall be a stay of the operation of the impugned judgment and order of the NGT dated 19 February 2021 in Original Application No 43/2020/EZ.”

The bench was hearing an appeal filed by activist Bonani Kakkar against the February 19 order passed by the NGT wherein it had set up a committee of experts to look into the extent of damage and responsibilities of OIL. The tribunal in its order held OIL prima facie responsible for the fire and blamed the hydrocarbon exploration and production company for failing to take necessary safety precautions. 

The panel was thereafter directed to come up with a remedial restoration plan including for Dibru-Saikhowa National Park and the Maguri-Motapung Wetland, which suffered damages due to the 172-day fire at the oil well in the Tinsukia district. The well caught fire last year and left two of OIL’s firefighters dead.

Appearing for Bonani, Senior Advocate Siddharth Mitra submitted that:

• The National Green Tribunal , by its order dated 24 June 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 5 Oil well on 27 May 2020;
• A preliminary report was submitted on 24 July 2020 by a Committee appointed by the NGT detailing the extent of the damage and the responsibility of the first respondent;
• 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; and
• The NGT, in this backdrop has 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.

It was also his contention that earlier Committee had submitted a comprehensive report before the NGT: initially, a preliminary report which was followed by a progress report and, hence, the constitution of three new Committees would only delay the process. 

Secondly, to determine damages and compensation and for the restoration of the National Park and Wetland, a ten-member Committee was headed by the Chief Secretary, Assam in which the Managing Director of the Oil India limited has been inducted as a member. He further submitted that this would be in breach of the principles of natural justice since the conduct of Oil India Limited was basically in issue and, hence, the Managing Director ought not to be a member of the Committee in any case. 

Case Title: Bonani Kakkar v. Oil India Limited & Ors.| Civil Appeal No(s).2201/2021