Expanded categorization adding severely damaged houses to highest compensation tier rejected; unequals cannot be treated as equals under original expert scales for interim relief post-oil blowout damages.

JUDGMENT

PRESENT:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

HON’BLE DR. ARUN KUMAR VERMA (EXPERT MEMBER)

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Reserved On:-06^th December, 2024 Pronounce On:- 13^th December, 2024 __________________________________________________________________

1. Whether the Judgment is allowed to be published on the net? Yes

2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes Heard the learned Counsel for the Applicants and the learned Counsel for the Respondents and perused the documents on record.

2. The present Miscellaneous Application No.31/2023/EZ has been filed by the Applicant, seeking the following reliefs: -

(i) “direct the respondents to expeditiously disburse the balance interim compensation amount of Rs.10.00 lakhs per family to the 161 families in Category-I, i.e. Rs.25.00 lakhs (-) less advance Rs.15.00 lakhs = Rs.10.00 lakhs per family, and/or

(ii) direct the respondents to expeditiously disburse the balance interim compensation amount of Rs.10.00 lakhs per family to the 439 families in Category-II, i.e., Rs.20.00 lakhs (-) less advance Rs.10.00 lakhs = Rs.10.00 lakhs per family, and/or

(iii) grant such other consequential reliefs pertaining to “interim compensation” that this Hon’ble Court deems fit and proper, including interest on the ‘interim compensation’ amount being due, and/or

(iv) pass any other such order(s)/direction(s) as this Hon’ble Tribunal seem fit and proper under the facts and circumstances of the present case.”

3. The Original Application No. 43/2020/EZ (Bonani Kakkar Vs. Oil India Limited) was taken up by the National Green Tribunal, New Delhi Bench, in respect of an incident relating to destruction and damage caused by the oil blowout and explosion that took place in BGN-5 Oil Well at Baghjan, Assam, stated to be due to the acts and omissions of the Oil India Limited.

4. The National Green Tribunal vide its order dated 24.06.2020 constituted a Committee of Experts headed by Hon’ble Mr. Justice B. P. Katakey, former Judge of the Guwahati High Court. A Preliminary Report dated 24.07.2020 was submitted by the Experts Committee before the National Green Tribunal, New Delhi Bench.

5. It is stated that the Committee was of the unanimous view that blowout and the subsequent explosion has led to extensive damage to the public owned resources and has also caused irreparable harm and damage to private owned property of the survivors in the affected villages.

6. The National Green Tribunal, New Delhi Bench vide its order dated 06.08.2020 observed that the Experts Committee assessed the interim compensation payable to the affected villagers and passed recommendation which is as under: -

“Preliminary Interim Measures IV. Interim Compensation to the affected families

1. The Committee, proposes the formulation of three categories of affected families to assess the question of interim compensation namely;

(i) Those whose houses have been completely gutted by the fire thereby causing grave injury to life and health, loss of livelihood, cultivable land, livestock, damage to standing crops and horticulture, fisheries etc.

(ii) Those whose houses have been severely damaged thereby causing grave injury to life