New
Delhi:
The Supreme Court Thursday stayed a National Green Tribunal order constituting
a fresh six-member committee to fix responsibility for the failures of the
concerned individuals in the fire incident in Assam's Baghjan oil well.
A
bench of Justices D Y Chandrachud and M R Shah issued notice to the Ministry of
Environment and Forests, Ministry of Petroleum, Oil India, and others while
seeking their response on the appeal.
Expressing
surprise at the NGT order, the top court said Oil India Ltd (OIL) was accused
of polluting the wetlands, but its MD was made a member of the inquiry
Committee.
“We
are wholly disappointed by the manner in which the NGT has pushed this issue
out of its hand. It's the National Green Tribunal. It Should not have done
this,” the bench said.
The
top court stayed February 19 the NGT order which said OIL cannot disown its
responsibility on the fire incident in Assam''s Baghjan oil well by shifting
the blame on the contractor and constituted a fresh six-member committee to fix
responsibility for the failures of the concerned individuals in the present
incident.
The
top court was hearing an appeal filed by activist Bonani Kakkar challenging
February 19 order.
Well,
number 5 at Baghjan in Tinsukia district, had been spewing gas uncontrollably
and it caught fire on June 9 last year, killing two of OIL's firefighters on
the site.
A
bench headed by NGT Chairperson Justice A K Goel had said it “prima facie”
agrees that there was the failure of OIL in taking safety precautions and there
is a need for ensuring that such incidents do not recur.
“We
direct this aspect to be gone into by a six-member committee headed by the
Secretary, Ministry of Petroleum and Natural Gas in consultation with the DG
Hydrocarbon and DG Mines Safety, DG Oil Industry Safety and PESO (Petroleum and
Explosives Safety Organization), Chief Controller of Explosives, New Delhi
within three months,” the NGT bench had said.
The
said Committee may review the situation and take appropriate remedial measures,
including fixing responsibility for the failures of the concerned individuals
in the present incident, the NGT said.
“It
may also lay down the road map for ensuring compliance of safety protocols by
all similar installations. Effective execution of such a road map may be
ensured by the Secretary, Ministry of Petroleum and Natural Gas. The Committee
may also suitably take into consideration the observations in the reports of
the Committee earlier appointed,” it said.
With
regard to the issue of accountability for the past compliances and the remedial
action, the NGT had also formed a seven-member joint committee comprising MoEF
(Ministry of Environment and Forest), CPCB (Central Pollution Control Board),
State PCB, State Environment Impact Assessment Authority (SEIAA) Assam, Chief
Wildlife Warden, Assam, Member Secretary, Biodiversity Board, Assam, and Member
Secretary, State Wetland Authority Assam.
“Last
aspect is assessing the damage to the environment and remedial restoration
plan, including Dibru-Saikhowa National Park, the Maguri-Motapung Wetland.”
“We
direct this aspect to be looked into and remedial measures planned by the
ten-member Committee headed by the Chief Secretary, Assam, nominees of MoEF&CC
and CPCB, Assam Wetland Authority, State Biodiversity Board of Assam, SEIAA
Assam, State PCB, Chief Wildlife Warden Assam, District Magistrate, Tinsukia,
and Managing Director, OIL,” the bench had said.
The
tribunal had said that while floor level compensation can be directed to be
paid even on some guesswork, higher compensation claims require adjudication,
based on evidence of loss.
“As
already observed, in absence of relevant data, we are unable to determine the
claims for higher compensation, beyond the amounts already paid or conceded by
the OIL.”
“It
is made clear that this order will not debar any victim of the occurrence who
is aggrieved by a denial of compensation or inadequacy of compensation to take
remedies for such claim before any appropriate forum in accordance with the
law,” the NGT had said.
“A
public notice of crux of the order may be given at a prominent place in the
office of the District Magistrate, Tinsukia and at some prominent place near
the Campus of the Establishment in English as well as in Assamese, the bench
said.”
The
NGT on June 24, 2020, had constituted a committee headed by former high court
judge BP Katakey to look into the matter and submit a report.
The
order had come on a plea filed by activist Bonani Kakkar and others alleging
the failure of the authorities in preventing the blowout of the Baghjan oil
well.
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