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The Supreme Court today reconstituted the Committee formulated by the National Green Tribunal to probe into the Assam Baghjan Oil Well fire.

A bench of Justices DY Chandrachud, MR Shah & Hima Kohli noted that the names suggested earlier had already been involved in operations.

"NGT needs to be reconstituted, NGT has constituted a large committee of 10 people, such a large committee. We are of the view that assigning the Chief Secretary would not be appropriate as part of the Committee," Court noted.

In this context, the Court suggested the committee comprising Justice BP Kadke, Chairperson, Mr Qamar Qureshi, Mr Bedanga Bordoloi, Mr Ritesh Kumar and one more. The Court has been asked to its interim report within one month.

It was also directed that Ministry of MoEF shall depute a nodal officer who shall facilitate all logistical arrangements. "Committee can make interim decision on the compensation, and issue interim remedial measures. We direct OIL to deposit an amount of Rs 50 Lakhs," bench said

On the last date, the bench had 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.”

The bench had then also 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