[Baghjan Gas Leak] NGT Expert Committee finds prima facie violation of eco norms, directs relief to 3 classes of persons in initial report

The Expert Committee constituted by the National Green Tribunal (NGT) recently tabled its preliminary findings on the Baghjan Gas Leak before the Tribunal on July 24 (Bonani Kakkar v. OIL)..The blowout occurred on May 27 at Baghjan in the Motapung Maguri Beel region of Assam from an oil well controlled by Oil India Limited (OIL). The residue from the gas released, described as “a mix of propane, methane, propylene and other gases”, fell on bamboo, tea, banana and betel nut groves. The fire from the blowout began raging on June 9..[Baghjan Gas Leak] NGT directs OIL to pay Rs. 25 Crore as ‘initial amount’, Expert Committee to submit preliminary probe report in 30 days.The NGT is presently considering applications moved by activist Bonani Kakkar and NGO Wildlife and Environment Conservation Organisation against OIL. The applications have detailed the extent of environmental damage wrought by the blowout. It was recorded that the residue from the resultant fires spread into the nearby Dibru-Saikowa National Park and Biosphere Reserve, home to several varieties of plant and animal life and that there were oil spillages into the the Dibru river..On July 29, OIL had requested the Tribunal for an opportunity to file its objections to the report before it was discussed by the Tribunal. Accordingly, the Preliminary Report, as well as OIL’s objections, were considered on Thursday, August 6..The Committee found extensive damage to have been caused to the environment, individuals, and private property. The Committee has also suggested interim measures to compensate the affected. .OIL, however, questioned the veracity of the findings and the Report, stating that there were not based on site visits. The blowout at Baghjan was the fault of one of the contractors, OIL submitted. It added that necessary sums of money had already been disbursed to the persons classed as “Category 1” in the Committee Report. .The Tribunal stated that it was “unable to accept” OIL’s submissions for the present, but directed that the compensation already paid be deducted from the amounts recommended by the committee. .“The recommendations of the Committee on the subject of compensation for three categories of victims are accepted with the clarification that the compensation already paid will be taken into account and excluded from the interim compensation recommended by the Committee.”NGT.The Committee's Findings.The Committee appointed two Research Associates to study the damage in the area. According to the Committee, a third explosion occurred on July 22, 2020 in addition to the earlier explosions on May 27, and June 9. .The third explosion resulted in injury to three of OIL’s own experts, who were engaged to douse the fires..Noting that infractions of “statutory environmental safeguards” were prima facie indicated, the Committee stated:.“... on basis of the submissions and documents submitted by OIL and the PCB (Pollution Control Board), Assam, it is concluded that OIL does not have, till date, the required consent to establish and/or consent to operate to either carry out drilling and testing of hydrocarbons in Well Baghjan-5 under the DSNP Area. This indicates a serious and grave infraction against the statutory environmental safeguards.".OIL’s drilling in the Baghjan oil well was found to contravene provisions of the Water Act, the Air Act, and the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2016 on the aspect of obtaining Environmental Clearance for its activities. .“This may, therefore, require scrutiny of all existing projects of OIL in the State of Assam to ascertain if they meet the mandatory requirements of obtaining consent/authorization under the aforesaid Acts and Rules”, the Committee has said..The Committee further reports that a biodiversity impact assessment was not conducted as mandated. .When the Committee requested the Assam State Biodiversity Board for reports concerning the adjoining National Parks and its Biodiversity, the Board clarified that these were available “only with” the State Forest Department’s Wildlife Wing. .This constituted an infraction of the Environment (Protection) Act, 1986 and the Environment Impact Assessment (EIA) Notification, 2006 under which it was mandatory to obtain an Environmental Clearance for any offshore drilling projects before the commencement of activities, the Report states.."...The statement of the Assam State Biodiversity Board, thus implies in clear terms that Assam State Biodiversity Board was not approached by OIL to carry out a Biodiversity Impact Assessment. In fact, OIL, in their reply to the Committee’s query has stated to have engaged the Institute of Advanced Study in Science & Technology to prepare Biodiversity Impact Assessment study. It is not clarified by OIL whether they had informed the Hon’ble Supreme Court before making such deviations. In any case, as on date, there appears to be no such Biodiversity Impact Assessment study, either prepared by the Assam State Biodiversity Board or any other agency engaged by OIL, on record, till date...", the Committee concludes..The preliminary report sets forth that ecological impact and steps to restore the environment will be studied and enunciated in greater detail in subsequent reports. However, for the interim, it categorises persons affected into three groups,.those whose homes and livelihoods “have been completely gutted”,Those whose houses and livelihoods have suffered severe damage,persons whose houses, crops or horticulture has been partially damaged..The scale of compensation recommended is Rs 2.5 Lakhs to Rs 25 Lakhs, with persons in the first category receiving the highest amount, the Committee submitted in their Report..Giving the Committee three months to table its final report, the NGT directed that the matters be listed on November 3, 2020..Read the Order here. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.