2024 Supreme(Online)(NGT) 4776

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Monoj Hazarika – Appellant
Versus
Bonani Kakkar – Respondent
Miscellaneous Application No. 31/2023/EZ|Original Application No.43/2020/EZ

Severely damaged houses fall in Category-II (Rs.10 lakhs interim compensation), not Category-I (Rs.25 lakhs for completely gutted); unequals cannot be equated. Advances paid adjustable against final compensation; no further interim relief due.

Headnote:(A) National Green Tribunal - Interim compensation - Oil blowout incident causing damage to houses, health, livelihood, land, livestock, crops, fisheries - Expert Committee categorized affected families into three categories: (i) houses completely gutted - Rs.25 lakhs; (ii) houses severely damaged - Rs.10 lakhs; (iii) moderately/partially damaged - Rs.2.5 lakhs - Subsequent recommendations by District Administration and Expert Committee expanded Category-I to include severely damaged houses (total 173 families @ Rs.25 lakhs) and Category-II (439 families @ Rs.20 lakhs) - Project proponent paid advances of Rs.15 lakhs (Category-I) and Rs.10 lakhs (Category-II) under pressure - Tribunal holds additional 161 families in expanded Category-I actually belong to Category-II (severely damaged); entitled only to Rs.10 lakhs interim compensation already paid - Unequals cannot be treated as equals; advance payments adjustable against final compensation - No further interim compensation payable (Paras 50-66)

(B) Environmental Law - Principles of compensation - Interim compensation non-recoverable but adjustable against final compensation - Higher claims require evidence-based adjudication; cannot be directed without authentic data - Supreme Court directions for expeditious disbursement of fixed interim compensation not to be expanded beyond original categorization (Paras 23, 24, 65)

Facts of the case:
Miscellaneous Application seeking balance interim compensation: Rs.10 lakhs each to 161 families (Category-I: Rs.25 lakhs recommended, Rs.15 lakhs paid) and 439 families (Category-II: Rs.20 lakhs recommended, Rs.10 lakhs paid) following oil blowout/explosion damaging properties, health, livelihood in affected villages. Arises from Original Application concerning incident; Expert Committee reports, tripartite meetings, partial payments made; Supreme Court remanded for compliance with interim compensation directions.

Findings of Court:
Only 12 families qualify for Category-I (completely gutted houses) @ Rs.25 lakhs (already paid); additional 161 families reclassified to Category-II (severely damaged) entitled to Rs.10 lakhs (already paid); 439 Category-II families also paid Rs.10 lakhs each - Total 600 families in Category-II fully compensated for interim relief; no further interim amounts due - Final compensation to be determined separately with evidence.

Issues: (1) Whether additional 161 families qualify for Rs.25 lakhs Category-I compensation or limited to Category-II Rs.10 lakhs; (2) Effect of advance payments and Expert Committee recommendations expanding categories; (3) Scope of Supreme Court directions for interim compensation disbursement.

Ratio Decidendi: Original Expert Committee categorization binding; severely damaged houses fall in Category-II (Rs.10 lakhs), not Category-I (Rs.25 lakhs for completely gutted) - District Administration's expansion treating unequals as equals rejected; advance payments under duress not admission of higher liability - Interim compensation fixed and fully disbursed; final claims require evidentiary adjudication (Paras 58-64).

Result: Miscellaneous Application rejected.

Table of Content
1. interim compensation categories for baghjan blowout victims established. (Para 2 , 3 , 4 , 5 , 6)
2. revised category-i/ii families recommended by deputy commissioner and experts committee. (Para 7 , 8 , 9 , 10 , 11 , 12)
3. ngt, supreme court orders mandate expeditious interim compensation disbursement. (Para 13 , 14 , 15 , 16 , 17)
4. oil payments and ngt observations on substantial interim compensation provided. (Para 18 , 20 , 21 , 22 , 23)
5. oil contests expanded category-i based on original ngt damage criteria. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36)
6. supreme court clarifies no embargo on merits-based compensation claims. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48)
7. additional category-i families fall under category-ii; no further interim owed. (Para 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65)
8. miscellaneous application rejected; final compensation pending. (Para 66 , 67 , 68)

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

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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

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