BAGHJAN BLOWOUT: NGT Order Exposes Failure of Various Probe Panels

OUR CORRESPONDENT

TINSUKIA: The recent interim order of the 'National Green Tribunal' (NGT) on the Baghjan blowout implicitly exposed the failure in discharging duties of several organisations and individuals heading various inquiry committees. This posed problems for Justice B.P. Katakey. While the original petitioner in the case — Bonani Kakkar virtually lost the game, the Oil India Limited (OIL) welcomed the verdict. Besides dwelling on the responsibility and accountability of the referred to organizations and individuals, the NGT order disposed the issue of compensation.

Based on the petition of Bonani Kakkar, the NGT in its order on June 24, 2020 constituted the Justice BP Katakey committee with 13 terms of references (ToRs). Unfortunately, not a single reference was resolved in the Tribunal till February 15, 2021 despite several proceedings and adjournments. Even the subject of compensation to the victims of Baghjan blowout in respect of property and environment (XI of ToR) was settled 'out of NGT Court' in a tri-partite arrangement. This development also led the NGT to constitute three high- power committees to look into almost all aspects of ToRs. Nevertheless, he deserves to be appreciated for unearthing the intricate technicalities of Baghjan oil well no 5.

Bonani Kakkar is a Kolkata-based wetland activist. The person has never visited Assam and does not have any knowledge of the Tinsukia/ Baghjan topography. Bonani has hardly shown any interest to the sufferings of the local people. She was interested in the damage caused to the Maguri Matapung Beel (wetland) and exhibited more inclination to induct her own persons in the Justice BP Katakey committee to gain access to bigger long-term strategy, allege informed sources.

The NGT judgement frustrated her after the Tribunal constituted a 10-member committee headed by the Chief Secretary Assam (excluding her earlier nominees). She expressed her dissatisfaction in front of the media. However despite several attempts, this correspondent failed to contact her. However, she had told this correspondent earlier that whatever be the outcome of the verdict, she would not give up the case.

Meanwhile welcoming the verdict, OIL DGM (PR) Tridiv Hazarika said that the major roadblock of the compensation issue was settled much to the relief of the victims. However, though the NGT laid some mechanism for appropriate remedies by stating, "It is made clear that this order will not debar any victim of the occurrence who is aggrieved by denial of compensation or inadequacy of compensation to take remedies for such claim before any appropriate forum in accordance with law."

The OIL will abide by the corrective and remedial measures to be suggested by the new 10-member committee headed by the Chief Secretary of Assam, opined Hazarika. The 10-member panel was constituted by the NGT to assess the damage to the environment and suggest restoration measures for restoration of the Dibru-Saikhowa National Park and the Maguri-Motapung Wetland

As regards to the Budgetary allocation for restoration works, the NGT maintained that the cost of restoration is to be borne by the OIL. The Committee headed by the Chief Secretary, Assam may make an estimate on which the OIL will deposit the amount so estimated to meet the cost of restoration of the environment.

The NGT order further stated that "the OIL may forthwith pay the honorarium payable to non-official members of the Committee constituted by this Tribunal which may also be ensured by the Chief Secretary, Assam who may determine the amount payable, if the issue needs any clarification". The NGT also maintained that the OIL cannot disown its responsibility by shifting the blame on the contractor firm — M/s John Energy — on accountability for failure to follow the safety protocols.

However, an OIL source stated that the contractor should have been brought under the ambit of the order; and more so, to honour the assurance of the Petroleum Minister Dharmendra Pradhan to media persons in Tinsukia on June 14, 2020, that "persons responsible for the mishap would be punished".

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