The Supreme Court on Thursday stayed a National Green Tribunal (NGT) verdict appointing the managing director of the company behind the ‘Baghjan 5’ oil well blowout as a member of its committee assigned to determine the responsibility and compensation for the restoration of the Dibru Saikhowa National Park in Assam, which was severely damaged in the event in May 2020.
“We are surprised by this order of the NGT. It is the Oil India Ltd., which is responsible for the damage to the wetlands and its own managing director has been inducted into the committee?” a Bench of Justices D.Y. Chandrachud and M.R. Shah noted its surprise at the Tribunal’s choice of members.
The court also noted how the NGT went ahead with a second round of appointments of committees despite already having obtained comprehensive reports from an earlier expert committee detailing the extent of damage to the park and pinning the responsibility on the company.
“After the report of the first committee, three committees have been set up separately,” Justice Shah pointed out.
Notice to OIL
Issuing notice to Oil India Ltd (OIL), the court directed “a stay of the operation of the impugned judgment and order of the NGT dated 19 February 2021 till the next date of hearing”.
The court was hearing an appeal filed by Bonani Kakkar against the NGT judgment.
Senior advocate Siddharth Mitra, for the appellant, narrated that the NGT first constituted an expert committee on June 24 last year. This committee gave its report on the damage caused by the blowout in July. A further progress report was filed in the NGT in October setting out the destruction of fish species and the severe environmental impact caused by the event.
Despite this, the NGT went on to form three more panels, one of which is chaired by the Assam Chief Secretary and in which the managing director is a member.
“It has been submitted that this will be in breach of the principles of natural justice since the conduct of Oil India Limited is basically in issue and, hence, the managing director ought not to be a member of the committee in any case,” the court recorded in its order.
Mr. Mitra argued that the formation of three more committees would only delay the environment repair process.
Single panel
The court said it may even form a single committee headed by a retired Supreme Court judge to decide all the issues.
“We are very dissatisfied with the manner the NGT has pushed the matter off its hands. It is the National Green Tribunal, it must have some alacrity and concern for the environment,” Justice Chandrachud observed orally.
The court decided to list the case after three weeks.
