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The Supreme Court today deferred hearing in Bhagjan Oil Well Mishap, to Thursday. The Court is likely to pass orders on reconstitution of Committee probing the same.

A Division Bench of Justice DY Chandrachud and Justice MR Shah, while expressing reservations to have OIL manager as a member of the Committee, said,

“Suppose there is a chemical industry responsible for an incident of fire or mishappening. Now in case of assessment, can they be a part of the Committee? Can they be a judge in their own cause, that is the question.”

It was submitted by Ld. Senior Counsel Siddharth Mitra that no money has been extended for the restoration of the environment ever since the incident took place –

“Payment has been made to the people whose properties got affected, but the case is not the same for the biodiversity which suffered. Over a year has gone by and not even a paisa has been directed by them for preserving ecology.”

Ld. ASG Aman Lekhi submitted that a sweeping statement has been made by the petitioner without taking into account the compensation already sanctioned by the Government.

It was the suggestion of Mr. Mitra that bureaucrats need not be there on the list of Experts probing the issue.

The bench expressed inclination to direct MoEF for appointing a Nodal Officer for supervision and not having OIL manager as a part of any of the Committee’s formed by the NGT.

Earlier, the Supreme Court had stayed NGT’s order of including OIL India Official, in a 10 member committee formulated to assess damages caused to biodiversity due to fire at Assam’s Baghjan oil well. 

“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 bench while passing order, said.

Background

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.

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.| Civil Appeal No(s).2201/2021