Dismissed

Misc Application in disposed of cases No. 31/2023 in Original Application No. 43/2020 of Bonani Kakkar v. Oil India Limited

NGT13 Dec 2024Misc Application in disposed of cases No. 31/2023 in Original Application No. 43/2020

Case brief

AI extract

What is this about?

The Eastern Zone Bench of the NGT rejected the applicant's claim for balance interim compensation in the Baghjan oil blowout case. The court held that families with severely damaged houses do not qualify for the full compensation of fully gutted homes and clarified the categories for disbursement.

What did the court decide?

The Miscellaneous Application No.31/2023/EZ was rejected; no balance interim compensation was directed.

Misc Application in disposed of cases No. 31/2023 in… — Environment and Pollution | NGT (2024)

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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............

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Miscellaneous Application No. 31/2023/EZ In Original Application No.43/2020/EZ

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IN THE MATTER OF:

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Monoj Hazarika,
S/o Shri Rajoni Hazarika,
R/o Village - Baghjan,
P.O. – Dighaltarang, Dist. – Tinsukia,
Assam – 786151,
....Applicant(s)
Versus
1. Bonani Kakkar,
W/o Shri Pradip Kakkar,
R/o 11 Hindustan Park,
Kolkata – 700029
West Bengal
2. Oil India Limited,
Through its Chairman and Managing Director,
Corporate Office: Plot No.19, Near Film City,
Sector 16A,
Noida - 201301
3. Ministry of Petroleum and Natural Gas,
Government of India,
Represented by its Secretary,
Shastri Bhawan,
New Delhi – 110001
4. Ministry of Environment, Forest and Climate Change,
Government of India,
Represented by its Secretary,
Shastri Bhawan,
New Delhi – 110001

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5. The State of Assam, Represented by the Chief Secretary, Government of Assam,

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Assam Secretariat, Dispur, Guwahati – 781006, Assam

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6. Deputy Commissioner, Tinsukia, Office of the D.C Tinsukia, Borguri, Tinsukia - 786125

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....Respondent(s)

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COUNSEL FOR APPLICANT:

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Mr. Devansh Mohta, Advocate a/w Mr. Vikram Rajkhowa, Advocate

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COUNSEL FOR RESPONDENTS :

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Mr. Sridhar Potaraju, Sr. Advocate a/w Ms. Petal Chandhok, Adv. and Mr. Vivek Singh, Advocate for R-2 (OIL India Ltd.), Mr. Ashok Prasad, Adv. for R-3 (in Virtual Mode), Ms. Amrita Pandey, Advocate for R-4 (in Virtual Mode), Ms. Malabika Roy Dey, Advocate for R-5 & 6

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JUDGMENT

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PRESENT:

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

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Whether the Judgment is allowed to be published in the NGT Reporter? Yes

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Heard the learned Counsel for the Applicants and the learned Counsel for the Respondents and perused the documents on record.

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

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(i) “direct the respondents to expeditiously disburse the balance interim compensation amount of Rs.10.00 lakhs per family to

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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

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(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.”

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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.

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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.

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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.

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The National Green Tribunal, New Delhi Bench vide its order dated 06.08.2020 observed that the Experts Committee assessed the

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interim compensation payable to the affected villagers and passed recommendation which is as under: -

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“Preliminary Interim Measures

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IV. Interim Compensation to the affected families

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

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(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.

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(ii) Those whose houses have been severely damaged thereby causing grave injury to life and health, loss of livelihood, cultivable land, livestock, damage to standing crops and horticulture, fisheries etc.

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(iii) Those whose houses have been moderately/partially damaged or whose standing crops and horticulture have been partially damaged thereby causing injury to life and health, loss of livelihood, cultivable land, livestock, damaged to fisheries etc.

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(iv) The scale of interim compensation is as follows: Category (i) Rs.25 lacs Category (ii) Rs.10 lacs Category (iii) Rs.2.5 lacs

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2. An initial amount of Rs.25 lacs will be released immediately to all the affected under category (i) whose information is already available with the Office of the District Administration. For the affected families under category, (ii) the amount of 10 lacs will be released immediately within an outer limit of 10 lacs will be released immediately within an outer limit of 15 days, based on the information already available with the Office of the District Administration. The compensation amount, if any already paid, shall be deducted from the aforesaid amount of interim compensation.

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3. The Office of the District Administration will compile a list of all those in Category (iii), who have been moderately / partially impacted, in consultation with the revenue officers, PWD, concerned circle officer, the Gaonburahs and community representatives of the affected villages. The disbursement of the

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amount will be completed expeditiously within an outer limit of 45 days from the passing of the order by the Hon’ble NGT for interim compensation.

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4. The affected families, particularly under category (i) and (ii), whose names have been left out of the list would be entitled to the said amount after due verification within 7 days from the passing of the order by the Hon’ble NGT for interim compensation and the same will be disbursed within 15 days from the date of completion of the verification.

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The interim compensation will be paid by OIL and from the funds which have already been made available to the Office of the District Administration. The balance amount, if any, will be made available immediately by OIL and as and when asked by the Office of the District Administration.

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One-time compensation amounting to Rs.30,000/- that has been agreed to be paid by OIL to the affected families, who had moved to the relief camps due to Well Baghjan-5 blowout on 27.05.2020, as an immediate reliefs, will be disbursed immediately as per the list prepared by the Circle Officer, Doomdooma and available with the Office of the District Administration and not later than 7 days from passing of the order by the Hon’ble NGT for interim compensation. The affected families whose names have been left out of the list would be entitled to the said amount after due verification and the same will be disbursed within 15 days from the passing of the order by the Hon’ble NGT for interim compensation.

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7. One-time compensation of Rs.25,000/- will be disbursed to each of the affected families and individuals who had shifted to the relief camps in the wake of the explosion in ‘Well Baghjan5 on 09.06.2020 as an immediate relief as per the list prepared by the Circle Officer, Doomdooma and available with the Office of the District Administration and not later than 7 days from the passing of the order by the Hon’ble NGT for interim compensation. The affected families whose names have been left out of the list would be entitled to the said amount after due verification and the same will be disbursed within 15 days from the passing of the order by the Hon’ble NGT for interim compensation.

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8. The interim compensation as well as the one time compensation, as stated above, will be credited directly to the bank accounts of the affected families and individuals by the

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Office of the District Administration. The said interim compensation is non-recoverable and will be adjusted against the final compensation due to the affected families and individuals.

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9. An immediate health insurance policy including COVID 19 will be made available by OIL to all affected individuals and families by the Well Baghjan-5 blowout and explosion and who are presently taking shelter in the relief camps within 7 days from the passing of the order by the Hon’ble NGT for interim compensation.

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…………………x……………………….x……………….x……………..

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17. According to the OIL, compensation has already been paid to persons covered by category (i) @ Rs.20 lakhs per family. The other two categories have not been identified. Additional compensation for category (i) is also not justified.”

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It is stated that Oil India Limited objected to the

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recommendations made by the Experts Committee but the same was rejected by the Tribunal vide its order dated 06.08.2020 and the recommendations for the interim compensation made in the Preliminary Report were accepted. The relevant part of the order reads as under: -

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“18….. The recommendation 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 the account and excluded from the interim compensation recommended by the Committee. Compensation to victims of categories (ii) and (iii) will be subject to identification by the District Administration which may be completed preferably within one month. We request the Assam State Legal Services Authority to oversee the process…..”

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It is also stated that the Respondent No.6, Deputy

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Commissioner, Tinsukia, Assam vide his order dated 25.08.2020 wrote to the Chairman of the Experts Committee submitting the list

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of affected families for payment of compensation. The following

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particulars were highlighted in the letter: -

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“ 2.0 They had submitted a memorandum on date and had interalia/demanded the following: -

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(I) The families of Bagahjan Gain who have been affected fully/severely should be included in the Category (i) (Rs.25 lacs for each family) in terms of the Hon’ble NGT order in addition to those families whose houses have been gutted.

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(II)

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6.0

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The remaining affected families from Baghjangaon should be included in Category (ii). They demanded that Category (ii) affected families from Baghjangaon should each be paid advance amount of Rs.20.00 lakhs.

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In terms of the order of the Hon’ble NGT, although the list of severely damaged house/severely affected families being submitted herewith numbering 57 families as mentioned above at Para 4.0 would fall in Category (ii), yet as per the demand of the affected families of Baghjangaon, the severely affected families may be included in Category (i), the reason being their houses have been severely damaged to the extent that these have become inhabitable and also standing crops/horticulture have been severely affected.

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7.0 In this regard, the Experts Committee headed by your honour may like to recommend for widening the ambit/definition of Category (i) to include, in addition to houses which have been completely gutted by the fire, also the houses which have been severely damaged including the agriculture/horticulture and other property.

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8.0 In pursuance of the demand of the “Baghjan Gaon Milanjyoti Yubak Sangha” and the villagers, the remaining affected families from Baghjangaon numbering 561 families who are at present staying in the relief camp at Baghjan Dighaltarang ME School and High School may be included in Category (ii) as determined by the Hon’ble NGT. These affected families whose houses have been partially damaged including standing crops and horticulture, otherwise

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falling in Category (iii) as per categorization by the Hon’ble NGT, may be included in Category (ii), the reason being these families have been affected the most, in a way being in the closest vicinity to the blowout site, from 0 to 1.5 Km (approx..) and they have been subjected to continuous sound and air pollution resulting from the blowout and fire. Further, they have apparently faced the maximum impact on their health, including mental stress and disorientation.

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9.0

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In view of the above factors, the Experts Committee headed by your honour may like to recommend to the Hon’ble NGT to consider the remaining affected families from Baghjangaon, numbering 561 families, in Category (ii) on special consideration as explained in detail above in Para 8.0.

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10.0 In such a case, the distance factor of affected families within the range of 0 to 1.5 km from the blowout site could be one of the criteria to determine Category (ii), irrespective of whether houses have been severely damaged or not. This additional criteria for

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Category (ii) as “Severely affected families in a distance/range of 0 to 1.5 Km from the blowout

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site” could perhaps be included as an option to the criteria for category (ii) already fixed by the Hon’ble NGT. The severity may in such case be calculated not on just on the houses damaged, but on the overall severity of the impact of the blowout on the affected villagers because of the proximity to the blowout site (0 to 1.5 Km).

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11.0 Further, the amount of Category (ii) may perhaps be enhanced as demanded by the “Baghjan Gaon Milanjyoti Yubak Sangha” and the Baghjangaon villagers, if deemed appropriate.”

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Minutes of the Meeting held with the Members of the Baghjan Gaon Milanjyoti Yubak Sangha (BGMYS) and Officials of Oil India Ltd. and Deputy Commissioner, Tinsukia dated 18.09.2020 are extracted hereinbelow: -

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“Discussing the matter of compensation, the Deputy Commissioner, Tinsukia informed the house that the previous Deputy Commissioner, Tinsukia had already submitted a proposal to Expert Committee through the Hon’ble Chairman of the Committee of Experts for submission of the required proposal to the Hon’ble NGT. In the said proposal two categories namely Category-I (57 Nos. of families @ Rs.25 lakh per family) and Category-II (543 Nos. of families @ Rs.20 lakhs per family) were proposed. The Experts Committee submitted an interim report to the Hon’ble NGT on 01.09.2020 making certain recommendations.

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In response, President and other members of BGMYS collectively informed the house that they were not satisfied with the total numbers of families submitted in Category-I and requested for a further survey and include the left out affected families in Category-I. CO, Doomdooma Revenue Circle was requested to submit the list of affected families afresh within 23.09.2020 and informing the BGMYS. The OIL officials, RCE/ED, HR&A/CGM, ADMIN, Oil India Ltd. present in the meeting were accordingly apprised regarding the possible increase of families in CategoryI as submitted by BGMYS as well as the increase of one time compensation in Category-I & Category-II. The house agreed for submission of the required report by the Deputy Commissioner, Tinsukia to the Experts Committee through the Hon’ble Chairman for onward submission to the Hon’ble NGT. The members of BGMYS agreed on the final compensation and the final list on all counts.”

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The Deputy Commissioner, Tinsukia also wrote to the Chairman of the Experts Committee as under: -

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“(2) The earlier submitted list included 57 families in Category-I that is @ Rs.25.00 Lakhs per family and @ Rs.20.00 Lakhs per family for Category-II for 543 families. In all a total of 612 families are involved including 12 families who had already been paid Rs.25 Lakhs per family.

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(3) As per the discussion in the meeting, the re-survey was started immediately from 19^th September 2020 comprising of a team headed by C.O Doomdooma, PWD(Bld), Agriculture, DICC, Forest, Veterinary, Handloom & Textile & Fishery departments

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which was completed on the 23^rd of September 2020. Baghjan Gaon Milanjyoti Yubak Sangha members also assisted the survey team in the field and the list was accordingly submitted on 23 September 2020 evening.

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(4) During the re-survey the list of additional families were prepared and added in the Category-I. An additional 104 families were inducted in Category-I to earlier containing 57 families which is being attached herewith as Annexure-E. Now the number of families stands at 161. The remaining 439 families have been categorized as Category-II.

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(5) It may be mentioned that 12 families have already received an amount of Rs.25.00 Lakhs each as their houses totally destroyed in the fire.

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In kind consideration of the above, the Experts Committee headed by your kind office may like to recommend to the Hon’ble NGT to consider the affected families of Baghjan Gaon in two categories – Category-I (12 + 57 + 104 = 173 Nos. of families) and Category-II (439 Nos. of families) as the final compensation of Baghjan affected families.”

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A further Progress Report dated 31.10.2020 was submitted by the Committee of Experts with regard to the compensation payable to the affected families which reads as under: -

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“(viii) The Deputy Commissioner, Tinsukia being one of the Members of the Committee appointed by the Hon’ble NGT and also the head of the Revenue in the District has re-surveyed the affected families and recommends that an additional 1044 families be inducted into Category (i) to the earlier list containing 57 families. He has further recommended that for the disbursement of the final compensation, the affected families of Baghjan Gaon be revised into two categories and the number of affected families of Baghjan Gaon be revised into two categories and the number of affected families would be as follows:

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Category (i): (12 + 557 + 104 = 173 Nos. of families) Category (ii): (439 Nos. of families)

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The Committee is inclined to accept his recommendation for payment of Rs.25 lakhs to the identified 173 nos. of families and Rs.20 Lakhs to identified 439 nos. of families, subject to the

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process being over seen by the Assam State Legal Services Authority. The amount already paid to any aforesaid families shall be deducted from the said amount. Hence, the Hon’ble NGT may consider passing necessary order in that regard for payment of interim compensation as suggested.”

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In a further meeting held on 09.11.2020, the following was

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noted in the Minutes of Meeting: -

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“……members of Baghjan Gaon Milan Jyoti Yubak Sangha raised the issue of inequality in fixing the compensation amount. They expressed that though OIL had paid Rs.25 lakh as compensation to 12 nos. of families whose house were completely burnt and also other compensation amounts as per honourable Green Tribunal’s interim order, they demanded payment of the same amount as per Category-I to the families whose houses were not burnt but were damaged by the fire or condensate. They also demanded the amount of Rs.20.00 lakh per families of Category-II.

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The representatives of Baghjan Gaon Milan Jyoti Yubak Sangha demanded to get final decision/reply on advance amount from OIL soon. They said that as per discussion earlier at site near Baghjan Well No.5 additional affected people those who shall now fall under Category I should be given Rs.15 lakh as advance amount and those who will fall in Category II should get Rs.10 lakh as advance.

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OIL requested the members present in the meeting to have lenient view on the advance amount and suggested to offer Rs.10 lakhs per family who falls under Category I and Rs.7.5 lakh per family to those who falls under Category II. The members of Baghjan Gaon Milan Jyoti Yubak Sangha refused to agree to it and stuck to their demand of Rs.25 lakh and Rs.20 lakh to Category I & II and also payment in advance of Rs.15 lakh and Rs.10 lakh as advance to Category I & II and also payment in advance of Rs.15 lakh and Rs.10 lakh as advance to Category I & II respectively, which would be adjusted in due course after final order of NGT.

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After prolonged discussion, it was decided to deposit the advance amount in the office of DC Tinsukia district by 30.11.2020.”

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It is stated that vide letter dated 02.12.2020 addressed to the Deputy Commissioner, District-Tinsukia, the Oil India Limited acknowledged its liability to pay interim compensation to the affected families of Baghjan disaster but with reduced compensation amount. It is stated that the National Green Tribunal vide its order dated 15.02.2021 uploaded on 19.02.2021, disposed of the Original Application No.43/2020/EZ with the following observations: -

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“23. While the Committee has suggested payments towards compensation to be treated as interim, the OIL does not accept any further liability. In view of substantial number of victims having been compensated up to a reasonable level, the issue will have to be taken as concluded as far as the present proceedings are concerned. This tribunal cannot enter into further adjudication in absence of the victims and authentic data.

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24….. while requiring the OIL to pay whatever compensation is undisputed forthwith, we propose to leave the rest of the matter to be decided in appropriate remedies of the victims. However, we propose to lay down mechanism to deal with some of the issues emerging from the report of the Committee. 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.”

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The order of the National Green Tribunal was put to challenge in the Hon’ble Supreme Court in Civil Appeal No.2201 of 2021 and it is stated that the Applicant Monoj Hazarika intervened through I.A. No.135265/2021 representing the concerns of the residents of Baghjan village with regard to payment of compensation. Thereafter, it is stated that the Hon’ble Supreme Court on 01.09.2022, on the question of compensation, made the following observations:-

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“1. We clarify that the pendency of these proceedings shall not come in the way of disbursement of compensation to the affected villager in accordance with law.”

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It is stated that the Civil Appeal No.2201/2021 was thereafter disposed of by the Hon’ble Supreme Court by its order dated 23.01.2023 and the case was remanded to the National Green Tribunal with the following direction: -

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“11. The other two committees, which have been constituted by the NGT, shall proceed to complete the task which has been assigned to them. In terms of the earlier directions, it is clarified that the pendency of the proceedings before the NGT shall not affect the disbursement of interim compensation to the affected villagers. The NGT shall, it is clarified, be at liberty to pass further directions in regard to assessing the compensation payable and for its disbursement to all the affected persons.”

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Thereafter, it is stated that a Contempt Petition was filed by the Applicant in the Hon’ble Supreme Court being Contempt Petition (C) Diary No.19943/2023 in Civil Appeal No.2201/2021 in which the Hon’ble Supreme Court passed the following order on 14.07.2023 which reads as under: -

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“2. The grievance of the petitioners arises from an order passed by the National Green Tribunal on 24 July 2020 for the payment of interim compensation.

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3. On 23 January 2023, this Court directed that the disbursement of interim compensation should be effected expeditiously, within a period of two months. Thereafter, an order has been passed by the NGT on 10 March 2023 against which an independent appeal has been filed before this Court. However, the petitioners claim for the disbursement of the interim compensation would, in the submission, still survive in terms of the order passed by this Court on 23 January 2023.

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4. Since the grievance is that the interim compensation has still not been disbursed, we grant liberty to the petitioners to move a miscellaneous application before the NGT for espousing their

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relief. We request the NGT to take up the miscellaneous application expeditiously so as to ensure that due compliance of the order for the disbursement of interim compensation is effected, if not already done. ”

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It is stated that thereafter, M.A. No.19/2021/EZ was filed by the Applicant in Original Application No.43/2020/EZ before the National Green Tribunal, New Delhi. It is stated that the interim compensation recommended by the Deputy Commissioner, Tinsukia and accepted by the Committee of Experts was only partially paid to the affected villagers of Baghjan village as under: -

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i) the recommended/agreed amount in Category-I was Rs. 25.00 lakh per family but only Rs. 15.00 lakh was paid, and ii) agreed amount in Category-II was Rs. 20.00 lakh per family but paid Rs. 10.00 lakh only

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and therefore, the amount of compensation which is now claimed as remaining to be paid has been given in the Box of para 23 of the Miscellaneous Application No.31/2023/EZ which is extracted

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hereinbelow: -

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“Category Type	No. of Families	Amo	unt per Fa (in Lakhs)	mily	Total Amount
		Agreed	Paid	Due	(in Crores)
I	173	Rs.25.00	Rs.15.00	Rs.10.00	Rs.17.30
II	439	_Rs.20.00 _	_Rs.10.00 _	_Rs.10.00 _	_Rs.43.90” _

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The Oil India Limited, Respondent No.2, has filed affidavit dated 06.02.2024, opposing the Miscellaneous Application stating that the Committee constituted by the Tribunal had proposed formulation of three categories of affected families to assess the question of interim compensation which are as under:-

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(i) Category-I : whose houses were completely gutted by fire were to be compensated with INR 25 Lakhs (Rupees Twenty Five Lakhs only);

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(ii) Category-II : whose houses were severely damaged were to be compensated with INR 10 Lakhs (Rupees Ten Lakhs only); and

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(iii) Category-III : whose houses have been moderately/partially damaged or whose standing crops and horticulture were partially damaged were to be compensated with INR 2.5 Lakhs (Rupees Two Lakhs Fifty Thousand only),

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It is also stated that 3,000 affected families were paid Rs.30,000/- (Rupees Thirty Thousand only) each as one time compensation, apart from the compensation of Rs.20 lakhs each to 11 families whose houses were burnt. It is stated that a sum of Rs.11.17 crores was spent on the relief camps as on 23.07.2020. It is also stated that by a subsequent letter dated 02.12.2020 the Oil India Limited accepted its liability to pay Rs.68.05 crores further amount to 600 affected families (Rs.15 lakhs each to 161 families where damage to the houses is total and Rs.10 lakhs each to 439 families where damage to the houses is severe).

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In the affidavit, it is also stated that the Oil India Limited had proposed to the District Magistrate, Tinsukia, Assam, that it will pay Rs.50,000/- (Rupees Fifty Thousand only) each to 612 families who have left the camp for rental, accommodation, food and other facilities, as submitted in the Report dated 10.12.2020 of the Committee appointed by the Tribunal. It is stated that a sum of Rs.90.796 crore thus stands deposited by the Oil India Limited with the Respondent No.6, District Magistrate, Tinsukia, Assam.

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It is also stated in the affidavit of the Oil India Limited that more than 9,000 persons were displaced and sheltered in 12 relief camps (750 persons in each camp), 10 camps immediately after 27.05.2020 incident and 02 camps added after 09.06.2020 incident.

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Mr. Sridhar Potaraju, learned Senior Counsel appearing for Respondent No.2, Oil India Limited, has referred to Paras 22 and 23 of the order of the Tribunal dated 19.02.2021 and submitted that in view of this observation in the Tribunal’s order, the claimants of the present Miscellaneous Application having already been paid Rs.151 crores for Category-I, II & III, nothing further remains to be paid by way of interim compensation by the Oil India Limited, Respondent No.2.

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Paras 22 and 23 of the Tribunal’s order dated 19.02.2021 read

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as under:-

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“ 22 . We note that the incident in question is a massive one as the blowout resulted in fire which continued for almost six months inspite of efforts of all the Experts, hired by the OIL. Well killing operations, to avoid further damage, have taken more than six months. The damage caused is extensive. The statistics furnished by the OIL itself are that 3000 families were affected and 9000 persons were displaced from their houses and accommodation in 12 relief camps. 10 relief camps were set up as a result of first incident dated 27.05.2020 and two more camps after the incident dated 09.06.2020. Each camp had 750 persons. Though number of claims were put forward, major part of the issue stands resolved in terms of tripartite arrangement between the victims, the Oil and the Deputy Commissioner, as per letter of the Deputy Commissioner dated 25.09.2020 and letter of the OIL dated 02.12.2020. the Oil has admitted its liability to 600 families to the extent of Rs.15 lakhs each for 161 families and Rs.10 lakhs to the 439 families which runs to about 68 crores. It has already paid Rs.30,000/- each to 3000 persons i.e., Rs.9 crores and Rs.12 lakhs each to 11 families i.e., Rs.2.2 crores. Further Rs.50000/- each has been paid to the families who have left the camps to meet the cost of rent, food etc. According to Oil, it has spent about 11 crores on the camps and also incurred expenditure on managing the blowout which is said to be about Rs.151 crores .

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23. While the Committee has suggested payments towards compensation to be treated as interim, the OIL does not accept any further liability. In view of substantial number of victims having been compensated upto a reasonable level, the issue will have to be taken as concluded as far as the present proceedings are concerned. This Tribunal cannot enter into further adjudication in absence of the victims and authentic data. While floor level compensation can be directed to be paid even on some guesswork, higher compensation claims require adjudication, based on evidence of loss. As already observed, in absence of relevant data, we are unable to determine the claims for higher compensation, beyond the amounts already paid or conceded by the OIl."

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Mr. Sridhar Potaraju, learned Senior Counsel for Oil India Limited (hereinafter referred to as ‘OIL’) further submitted that the categorization for payment of compensation to persons affected by the oil blast was accepted by the Tribunal in its order of 06.08.2020.

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We may note that this categorization is accepted by all the Respondents as well as the learned Counsel for the Applicant .

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The learned Counsel further referred to the letter of the Deputy Commissioner, Tinsukia dated 25.08.2020 and submitted that the persons falling under Category-I was unilaterally suggested to be changed by the Deputy Commissioner, Tinsukia for the first time in his letter dated 25.08.2020. Reference has been made to paragraph 10.0 of this letter wherein the Deputy Commissioner has suggested that “the distance factor of affected families within the range 0 - 1.5 km from the blow out site could be one of the criteria to determine Category-II, irrespective of whether houses have been severely damaged or not” .

¶142

¶143

The Deputy Commissioner, Tinsukia vide his letter dated

¶144

25.08.2020 had referred to a memorandum submitted by the

¶145

Baghjan Gaon Milanjyoti Yubak Sangha demanding that: -

¶146

I) The families of Baghjan Gaon who have been affected fully/severely should be included in Category (i) (Rs.25 lacs for each family) in terms of the Hon’ble NGT order in addition to those families whose houses have been gutted.

¶147

II) The remaining affected families from Baghjan Gaon should be included in Category-(ii). They demanded that Category (ii) affected families from Baghjan Gaon should each be paid advance amount of Rs.20.00 Lakhs. It was further submitted that this letter of Deputy Commissioner was followed by another letter of the Deputy Commissioner, Tinsukia dated 31.08.2020 wherein the proposal for interim compensation on the basis of memorandum/demand from villagers led by Baghjan Gaon Milanjyoti Yubak Sangha, was divided into two categories (page 72 of the paper book):

¶148

i) Category (i) - 57 families

¶149

The letter further mentions that the figure of 561 families falling in Category-(ii) was on reverification corrected to 543. However, the additional list of 57 families as recommended by the Deputy Commissioner, Tinsukia vide his letter dated 31.08.2020 was submitted to the Chairman of the Committee of Experts Hon’ble Mr. Justice B. P. Katakey.

¶150

Mr. Potaraju, next referred to the letter of the OIL dated 18.09.2020 (page 74 of the paper book) and submitted that vide this letter, the OIL decided to honour the directive of the National Green Tribunal (hereinafter referred to as ‘NGT’) and vide its letter dated

¶151

¶152

13.08.2020, released an additional Rs.5.00 lacs to each of the 12 families falling under Category-(i) as OIL had already paid Rs.20.00 lacs to each of these families previously. In his letter, an objection was raised that the proposal forwarded by the Deputy Commissioner, Tinsukia to the Hon’ble Chairman of the Committee of Experts was not based on any assessment of actual damage and was wholly based on the demand raised by the local organization namely Baghjan Gaon Milanjyoti Yubak Sangha.

¶153

Reference was also made to the letter of the OIL dated 18.09.2020 (page 77 of the paper book) and referring to an earlier letter of the Deputy Commissioner, Tinsukia letter dated 29.08.2020, it is stated by the OIL that 57 families have been identified in Category-(ii) and as per order of the National Green Tribunal Rs.10.00 lacs is to be disbursed to these families in Category-(ii) and computing the total amount as payable to the Category-(ii) and Category-(iii), an amount of Rs.19.725 crores was being remitted for the affected families under Category (ii) and Category (iii).

¶154

Mr. Potaraju, next referred to the minutes of the meeting held on 17.09.2020 (page 79 of the paper book) (wrongly mentioned as 17.08.2020) and submitted that OIL was informed about the letters dated 25.08.2020 and 31.08.2020 for the first time in this meeting and the meeting records that the proposal was submitted to the Committee of Experts that there are 57 families in Category (i) entitled to payment of Rs.25.00 lacs per family and 561 families in Category-(ii) entitled for payment of Rs.20.00 lacs per family as determined by the Deputy Commissioner, Tinsukia vide his letter dated 25.08.2020.

¶155

¶156

Mr. Potaraju next referred to the letter of OIL dated 21.09.2020 addressed to the Deputy Commissioner, Tinsukia (page 82 of the paper book) wherein OIL has taken a firm stand that as per the assessment of damage, 12 houses have been completely gutted by the fire and 12 families fall in Category-(i). Other 57 families whose houses are severely damaged fall in Category-(ii) and 561 houses have been moderately/partially damaged to fall in Category-(iii). Learned Counsel also referred to the minutes of the Tripartite Agreement held with Baghjan Milanjyoti Yubak Sangha on 09.11.2020 (page 2387 of the paper book) and submitted that in this meeting, the Baghjan Gaon Milanjyoti Yubak Sangha demanded a final decision/reply on advance amount from OIL and claimed that additional affected people who shall now fall under Category-(i) should be given Rs.15.00 lacs as an advance amount and those who will fall in Category-(ii), should get Rs.10.00 lacs as advance and even in this meeting, the stand of OIL was that Rs.10.00 lacs be paid to the families who fall under Category-(i) and Rs.7.5 lacs to be paid to those who fall under Caegory-(ii).

¶157

Learned Senior Counsel referred to the preamble of the meeting of Tripartite Agreement held on 09.11.2020 and submitted that this meeting was held in the midst of an exceptional situation where the villagers of Baghjan Gaon led by Baghjan Gaon Milanjyoti Yubak Sangha had resorted to blockade at Baghjan Well No.5 which was on fire due to the blowout and they refused to lift the blockade till their demand were fulfilled and did not even allow the officers and staff of OIL to enter the premises to control the fire. In the background of such a situation, in the meeting the members of the Baghjan Gaon

¶158

¶159

Milanjyoti Yubak Sangha raised the issue of inequality in fixing compensation amount and they demanded that though OIL had paid Rs.25.00 lacs as compensation to 12 families whose houses were completely burnt and also other compensation amounts as per the National Green Tribunal’s interim order, they demanded payment of the same amount as per Category-(i) to the families whose houses were not burnt but were damaged by the fire for condensate. They also demanded an amount of Rs.20.00 lacs per family to the families of Category-(ii).

¶160

Mr. Potaraju submitted that in this meeting, the OIL raised its objection regarding payment of equal amount to the families whose houses were totally burnt vis-à-vis those whose houses were partially burnt/damaged as being not justified. Mr. Potaraju submitted that it was in the background of these facts and the extreme pressure brought upon the OIL that the OIL vide its letter dated 02.12.2020 (page 2389 of the paper book), accepted to pay a sum of Rs.15.00 lacs to those who have been newly added in Category-(i) and Rs.10.00 lacs to those falling in Category-(ii), though these categories were not in accordance with the order of the National Green Tribunal dated 06.08.2020.

¶161

Mr. Potaraju also submitted that by another letter of the Deputy Commissioner, Tinsukia dated 25.09.2020 (page 1663 of the paper book) in addition to the 12 families whose houses were completely burnt in Category-(i) and subsequently 57 families whose houses were severely burnt were added in Category-(i), an additional 104 families were inducted into Category-(i) At the cost of repetition

¶162

¶163

learned Senior Counsel submitted that this letter was never marked to OIL and was never disclosed to them.

¶164

Learned Senior Counsel thus submits that while OIL does not dispute the categorization of the initial 12 families whose houses were completely burnt/gutted, as falling in Category-(i) the additional 57 families + 104 families whose houses were ‘severely damaged’ could not have been placed in Category-(i) as they did not fall in the categorization of Category-(i) as determined by this Tribunal by its order dated 06.08.2020. Learned Senior Counsel submitted this would amount to unequals being treated as equals .

¶165

Learned Counsel however submitted that OIL had agreed to the payment of Rs.15.00 lacs in advance to the newly added families in Category-(i) and Rs.10.00 lacs to families in Category-(ii) in the peculiar circumstances in which the meeting of Tripartite Agreement of 09.11.2020 was held and the urgency at that moment was to defuse the volatile situation created by the members of the Baghjan Gaon Milanjyoti Yubak Sangha but that in itself does not amount to an admission on the part of OIL to compensation at Rs.25.00 lacs to the additional 161 families (57+104) being placed in Category-(i).

¶166

Learned Counsel for the Applicant referring to the order of the Tribunal dated 19.02.2021 submitted that the same was put to challenge before the Hon’ble Supreme Court in Civil Appeal No.2201 of 2021 (Bonani Kakkar Vs. Oil India Limited & Ors.), and in the said appeal the present Applicant, Monoj Hazarika, filed an I.A. No.135265/2021, representing the concerns of the residents of Baghjan Village with regard to payment of compensation and on the said application the Hon’ble Supreme Court on 01.09.2022 observed

¶167

¶168

that “we clarify that the pendency of these proceedings shall not come in the way of disbursement of compensation to the affected villager in accordance with law”.

¶169

Learned Counsel further submitted that the Civil Appeal No.2201 of 2021 was filed with two specific grievances of the Appellants as recorded by the Hon’ble Supreme Court in its order dated 01.07.2021 which reads as under:-

¶170

“5. The precise grievance is two fold. Firstly, the earlier Committee had submitted a comprehensive report before the NGT: initially, a preliminary report which was followed by a progress report and, hence, the constitution of three new Committees will only delay the process. Secondly, for the determination of damages and compensation and for the restoration of the National Park and Wetland, a ten-member Committee has been constituted headed by the Chief Secretary, Assam in which the Managing Director of the Oil India Limited has been inducted as 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.”

¶171

The Civil Appeal No.2201 of 2021 was finally disposed of by the Hon’ble Supreme Court vide its judgment dated 23.01.2023. Paras

¶172

13, 14, 15 & 16 of the judgment read as under:-

¶173

“ 13. The order of the NGT dated 19 February 2021 shall stand modified to the extent of the constitution of the third committee in terms of the previous orders of this Court. The report of the third committee, as noted above, shall now form the basis of further proceedings by the NGT in regard to the canvass which has been covered by the committee on the assessment of damages to the environment and restoration measures including measures, for restoration of Dibru Saikhowa National Park and Maguri Motapung Wetland. The NGT shall proceed ahead on the basis of the report of the expert committee appointed by this Court, without awaiting the conclusion of the proceedings before the two other committees.

¶174

¶175

14. NGT is at liberty to issue appropriate directions for determining the modalities for the adjudication of final compensation and its disbursement, after taking due account of the interim compensation which has been fixed in that regard.

¶176

15. The disbursement of the interim compensation should be effected expeditiously and within a period of two months from the date of this order.

¶177

16. The Appeal is accordingly disposed of.”

¶178

What is noteworthy is that the Hon’ble Supreme Court, while modifying the order of the National Green Tribunal dated 19.02.2021 to the extent of constitution of the third committee, observed that the National Green Tribunal is at liberty to issue appropriate directions for determining the modalities for the adjudication of final compensation and its disbursement after taking due account of the interim compensation which has been fixed in that regard. The Hon’ble Supreme Court further directed that disbursement of interim compensation should be effected expeditiously and within a period of two months from the date of this order.

¶179

Since the Original Application No.43/2020/EZ had been decided by the New Delhi Bench of the Tribunal, the matter upon remand from the Hon’ble Supreme Court, remained pending before the New Delhi Bench even after the order of the Hon’ble Supreme Court dated 23.01.2023 and thereafter an order was passed by the New Delhi Bench of the Tribunal on 08.08.2023 on M.A. No.17/2023(EZ) and M.A. No.19/2023(EZ). Paras 7, 8, 9, 10 & 11 of the order are extracted hereinbelow:-

¶180

“ 7. In view of the directions issued by this Tribunal and by order of the Hon’ble Supreme Court, disbursement of the interim

¶181

¶182

compensation shall be done by the District Administration after verifying the facts.

¶183

8. Learned Counsel appearing for the respondents has submitted that the amount as directed by this Tribunal and the Hon’ble Supreme Court has already been deposited to the office of District Administration. The applicant may approach to the authorities concerned for disbursement of the amount.

¶184

9. We have gone through the records and found that the amount, required to be paid by the Project Proponents/Respondents, had been deposited to the District Administration, Commissioner concerned and the applicant may approach the District Administration by moving an application for disposal and disbursement of the amount according to the rules.

¶185

10. However, in case of any grievance after that the applicant may file a separate application before Eastern Zone Bench, Kolkata (having jurisdiction of the matter).

¶186

11. Accordingly, the applications stand disposed of”.

¶187

From the order of 08.08.2023, it will be noticed that the New Delhi Bench of the Tribunal had also observed that in view of the directions issued by the Tribunal and by order of the Hon’ble Supreme Court, disbursement of interim compensation shall be done by the District Administration after verifying the facts; the Applicant may approach the authorities concerned for disbursement of the amount; the amount required to be paid by the Project Proponent had been deposited with the District Administration, Commissioner concerned, and the Applicant may approach the District Administration by moving an application for disposal and disbursement of the amount according to the rules. It was further observed that in case of any grievance, the Applicant may file separate application before the Eastern Zone Bench, Kolkata.

¶188

¶189

The Applicant in the present M.A. is stated to have moved an application along with other villagers of Baghjan Village vide representation dated 14.08.2023 (pages 365-395 of paper book), submitted to the Deputy Commissioner, Tinsukia, seeking immediate disbursal of ‘interim compensation’ to the affected villagers of Baghjan Village. A list of 439 claimants is appended to the representation. However, it is stated that till date the Deputy Commissioner, Tinsukia, has neither responded to the said representation nor disbursed the interim compensation to the affected villagers and, therefore, the Applicants had no remedy but to file the present M.A.

¶190

The case of the Applicants in the present M.A. is that interim compensation recommended by Deputy Commissioner, Tinsukia, and accepted by the Committee of Experts constituted by the Tribunal was only partially paid to the affected villagers of Baghjan i.e., recommended/agreed amount in Category-I in place of recommended Rs.25 lakhs per family only Rs.15 lakhs was paid and in Category-II in place of Rs.20 lakhs per family only Rs.10 lakhs was paid. The details of the interim compensation which according to the Applicants of the Miscellaneous Application is due to the affected families of Baghjan Village is given in para 23 of the M.A. which read as under:-

¶191

*Category* *Type*	*No. of* *Families*	*Amo*	*unt per Fa* *(in Lakhs)*	*mily*	*Total* *Amount*
		*Agreed*	*Paid*	*Due*	*(in* *Crores)*
I	173	Rs.25.00	Rs.15.00	Rs.10.00	*Rs.17.30*
II	439	Rs.20.00	Rs.10.00	Rs.10.00	*Rs.43.90”*

¶192

¶193

We find that the matter relating to payment of interim compensation continued to engage the attention of the Hon’ble Supreme Court in Civil Appeal No. …….. of 2024, Diary No(s). 15374/2023 (Monoj Hazarika & Ors. Vs. Oil India Limited & Ors.).

¶194

Learned Counsel for the Applicant submitted that the said Civil Appeal (Diary Case) was filed seeking clarification from the Hon’ble Supreme Court with regard to its earlier order dated 23.01.2023 to the effect that the observations made in the final order of the Hon’ble Supreme Court in C.A. No.2201/2021 and the observations in the order of the Tribunal dated 19.02.2021 may not operate as an embargo on the claim of the Appellants for compensation other than interim compensation.

¶195

The Civil Appeal No. ……. of 2024 (Diary Case No.15374/2023) (Monoj Hazrika & Ors. Vs. Oil India Limited & Ors.), was disposed of by the Hon’ble Supreme Court vide its judgment and order dated 29.07.2024 observing that bearing in mind the directions issued by the Hon’ble Supreme Court on 23.01.2023 and the fact that the Appellants herein may have already approached the National Green Tribunal for seeking interim/final compensation in the event the Appellants ‘establish their claim’ before the National Green Tribunal, the observations aforesaid would not come in the way of the National Green Tribunal determining their compensation in accordance with law and on their own merits. The Hon’ble Supreme Court further observed that “……… the case of each of the appellants seeking interim/final compensation shall be considered having regard to the facts of each cases and on their own merits ”. The order of the Hon’ble Supreme Court dated 29.07.2024 reads as under:-

¶196

¶197

“O R D E R

¶198

Permission to file appeal is granted.

¶199

We have heard learned counsel appearing for the appellant(s) and learned counsel appearing for respondent no.1 and perused the material on record.

¶200

During the course of submission, our attention was drawn to order dated 23.01.2023 passed by a three Judge Bench of this Court in the case of Bonani Kakkar Vs. Oil India Limited & Ors, . C.A. No.2201/2021, particularly paragraph 14 of the said order, which reads as under –

¶201

“NGT is at liberty to issue appropriate directions for determining the modalities for the adjudication of final compensation and its disbursement, after taking due account of the interim compensation which has been fixed in that regard.”

¶202

Learned counsel for the appellant(s) submitted that some persons have already received interim compensation while the others may not have. However, according to learned counsel for the appellant(s) what has been stated in paragraph 23 of order dated 19.02.2021 creates a difficulty for the appellant(s). The same is quoted in paragraph 3 and 4 of the impugned order, which read as under:-

¶203

“3. xxx xxx 23. While the Committee has suggested payments towards compensation to be treated as interim, the OIL does not accept any further liability. In view of substantial number of victims having been compensated upto a reasonable level, the issue will have to be taken as concluded as far as the present proceedings are concerned. This Tribunal cannot enter into further adjudication in absence of the victims and authentic data. While floor level compensation can be directed to be paid even on some guesswork, higher compensation claims require adjudication, based on evidence of loss. As already observed, in absence of relevant data, we are unable to determine the claims for higher compensation, beyond the amounts already paid or conceded by the OIL.

¶204

Xxx xxx

¶205

¶206

3. Order dated 19.2.2021 shows that the Tribunal considered four issues – compensation to victims, accountability of individuals, non compliances by the Project Proponent (PP) and its accountability in that regard, restoration of Dibru Saikhowa National Park/Dibru-Saikhowa Biosphere Reserve (DSBR) and Maguri Motapung Wetlands (MMW) and other affected area. On first aspect, it was noted that the PP had paid a sum of Rs.151 crore for rehabilitation of victims and a settlement had been reached. Thus, the said issue was taken as concluded except for consideration of any particular specific claim at any appropriate forum. Other three issues were left to be dealt with by the three committees – first, a six member Committee headed by Secretary, Ministry of Petroleum to go into issue of accountability of individuals, second, a seven member committee, headed by Secretary MOEF&CC to go into compliances and accountability of the PP in that regard and the third a ten member Committee to go into the issue of restoration of DSBR and MMW. First two have now to proceed, as directed by Hon’ble Supreme Court, as per order of the Tribunal dated 19.2.2021 while constitution of the third was modified, as noted earlier and its reports are to be considered to determine further course of action.”

¶207

According to learned counsel for the appellant(s), the above observations would place an embargo and come in the way of the appellants making a claim for compensation and further owing to the aforesaid observations, the Tribunal itself would not be in a position to adjudicate the claims of the appellant(s) herein as and when they are made and determination of the compensation that they are entitled to receive. Consequently, the direction issued by this Court in order dated 23.01.2023 would not be fructified. Hence, learned counsel for the appellant(s) sought for certain directions.

¶208

By way of response, learned counsel for respondent no.1 submitted that despite the observations made by the National Green Tribunal (NGT) as aforesaid, ultimately it is

¶209

¶210

for the appellant(s) to establish their claim before the NGT before they are entitled to seek either interim and final compensation as recorded in paragraph 14 of order of this Court dated 23.01.2023. In the circumstances, it is for the appellant(s) to establish their claim and right to the said compensation; that if the appellant(s) have already approached the Tribunal, the same shall be considered having regard to the directions issued by this Court in order dated 23.01.2023.

¶211

Having regard to the aforesaid submissions made at the Bar and particularly bearing in mind the direction issued by this Court on 23.01.2023, referred to above, and the fact that the appellants herein may have already approached the NGT for seeking interim/final compensation, it is observed that in the event the appellants establish their claim before the NGT, the observations aforesaid would not come in the way of the NGT determining their compensation in accordance with law and on their own merits.

¶212

It is needless to observe that the case of each of the appellants seeking interim/final compensation shall be considered having regard to the facts of each cases and on their own merits.

¶213

The appeal is disposed of in the aforesaid terms.

¶214

Pending application(s) shall stand disposed of.”

¶215

It is important to note that the Hon’ble Supreme Court in this order also observed that each case of the Appellants seeking interim/final compensation shall be considered having regard to the facts of the each case and on their own merits.

¶216

In the present case, it is not disputed between the Applicants and the Project Proponent/Oil India Limited that 161 persons of affected families claiming under Category-I have so far been paid Rs.15 lakhs (para 29 of the M.A. No.31/2023/EZ), and 439 persons

¶217

¶218

claiming under Category-II have been paid Rs.10 lakhs (para 30 of the M.A. No.31/2023/EZ).

¶219

The Applicants have claimed that in Category-II they are entitled to Rs.20 lakhs of which only Rs.10 lakhs has been paid and, therefore, the balance amount needs to be paid. In our opinion, this claim of an additional Rs.10 lakhs under Category-II is not tenable and is wholly misconceived. The Committee headed by Hon’ble Mr. Justice B. P. Katakey, former Judge of the Guwahati High Court, had determined interim compensation @ Rs.10 lakhs for Category-II of the persons whose houses had been severely damaged thereby causing grave injury to life and health, loss of livelihood, cultivable land, livestock, damage to standing crops and horticulture, fisheries etc. This fact has also been duly noted by the Tribunal in its order dated 19.02.2021. Further, in para 22 of the order, the Tribunal has also noted that OIL has admitted its liability to 600 families to the extent of Rs.15 lakhs each for 161 families and Rs.10 lakhs each to 439 families. Therefore, the claim of the Applicants that they are entitled to Rs.10 lakhs as remaining amount of interim compensation out of the recommended amount of Rs.20 lakhs in Category-II is completely without merit.

¶220

The stand of the Applicants is that the recommendation of Rs.20 lakhs for Category-II families was accepted by the Committee of Experts headed by Hon’ble Mr. Justice B. P. Katakey, and decided upon between the parties in a Tri-Partite meeting between members of the Baghjan Gaon Milanjyoti Yubak Sangha (BGMYS), officials of Oil India Limited and the Deputy Commissioner, Tinsukia, held on 09.11.2020.

¶221

¶222

We have gone through the minutes of the meeting dated 09.11.2020 and we find there were two proposals put forth: (a) payment of Rs.20 lakhs to Category-II families; and (b) payment of Rs.50,000/- to 612 families per month per family against expenditure to be incurred in rented accommodation with food etc. The amount of Rs.20 lakhs in Category-II to be paid by way of interim compensation was only a proposal submitted by the Deputy Commissioner, Tinsukia, before the Experts Committee constituted by the Tribunal and for submission of the said proposal to the National Green Tribunal but we find that the Experts Committee, when it submitted its Report dated 31.10.2020, accepted Rs.20 lacs as the amount payable towards Category-II.

¶223

The Applicants in the chart filed by them in para 23 of the M.A., have admitted that Rs.10 lakhs has been paid in Category-II to 439 families by way of interim compensation. We are, therefore, of the firm view that the Applicants are not entitled to any further payment of Rs.10 lakhs in Category-II by way of interim compensation and the claim to that effect is, therefore, rejected.

¶224

So far as persons claiming under Category-I are concerned, we find from the documents on record that out of a total 173 families placed under Category-I, 12 families have already been paid Rs.25 lakhs per family, and the remaining 161 families have received only Rs.15 lakhs as would be evident from the Applicants’ own representation dated 14.08.2022 (Annexure-B to the M.A.) and averments in this M.A.

¶225

Mr. Devansh Mohta, learned Counsel for the Applicants submitted that the 57 + 104 = 161 additional families who were

¶226

¶227

recommended by the Deputy Commissioner, Tinsukia to be also entitled to the same benefit as previous 12 families for compensation under Category-(i), was accepted by the Committee of Hon’ble Justice B. P. Katakey in its report dated 31.10.2020 (page 1403 of the paper book) and referring to the recommendation of the Deputy Commissioner, Tinsukia the Committee observed as “The Committee is inclined to accept his recommendation for payment of Rs.25 lacs to the identified 173 nos. of families and Rs.20 lacs to identified 439 nos. of families, subject to the process being over seen by the Assam State Legal Services Authority” . Para vi) under the head “Recommendations” of the Committee Report reads as under: -

¶228

“vi) The Deputy Commissioner, Tinsukia being one of the Members of the Committee appointed by the Hon’ble NGT and also the head of the Revenue in the District has re-surveyed the affected families and recommends that an additional 104 families be inducted into Category (i) to the earlier list containing 57 families. He has further recommended that for the disbursement of the final compensation, the affected families of Baghjan Gaon be revised into two categories and the number of affected families would be as follows:

¶229

Category (i): (12+57+104 = 173 Nos. of families) Category (ii): (439 Nos. of families)

¶230

The Committee is inclined to accept his recommendation for payment of Rs.25 Lacs to the identified 173 nos. of families and Rs.20 Lacs to identified 439 nos. of families, subject to the process being over seen by the Assam State Legal Services Authority. The amount already paid to any of the aforesaid families shall be deducted from the said amount.

¶231

Hence, the Hon’ble NGT may consider passing

¶232

¶233

necessary order in that regard for payment of interim compensation as suggested .”

¶234

Mr. Devansh Mohta, learned Counsel therefore submits that in pursuance of the recommendation of the Committee of Experts of Justice Katakey, the OIL also paid Rs.15 lacs in advance to those falling in Category-(i) and Rs.10 lacs to those falling in Category-(ii) of the affected families out of the initial amount of Rs.25 lacs for Category(i) and Rs.20 lacs for Category-(ii) and therefore, it is not open for the OIL to now resile from their admission.

¶235

We have given our anxious consideration to the submissions of the learned Counsel for the parties and the documents on record to the disputed number of persons falling in Category-I.

¶236

The categorization and the entitlement of persons to receive compensation has already been determined by the Justice Katakey Committee and accepted by the Tribunal in its order dated 06.08.2020 which has been extracted hereinabove.

¶237

It is not in dispute between the parties that initially 12 families were found to be those falling in Category-(i) ‘whose houses had 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.’ To this figure later on 57+104 = 161 additional families were added being those ‘whose houses were severely damaged thereby causing grave injury to life and health, loss of livelihood, cultivable land, livestock, damage to standing crops and horticulture, fisheries etc’ .

¶238

¶239

In our opinion, the recommendation made by the Deputy Commissioner, Tinsukia even if accepted by the Committee of Experts headed by Hon’ble Mr. Justice B. P. Katakey, the same would be subject to any order of the National Green Tribunal upon consideration of the same.

¶240

We are quite satisfied that 161 families who have been placed in Category-(i) do not stand at par with the “initial 12 families” for whom the compensation of Rs.25 lacs was determined under the head Category-(i). The recommendation of the Deputy Commissioner, Tinsukia as accepted by the Justice Katakey Committee nowhere mentions that these 161 families are those ‘whose houses were completely gutted in addition to grave injury to life and health, loss of livelihood, cultivable land, livestock, damage to standing crops and horticulture, fisheries etc’ . rather, these 161 families were those ‘whose houses were severely damaged in addition to grave injury to life and health, loss of livelihood, cultivable land, livestock, damage to standing crops and horticulture, fisheries etc’ . Any such direction would amount to unequals being placed at par with equals.

¶241

We may further observe that even though the OIL has paid Rs.15.00 lacs as advance to the 161 families and Rs.10.00 lacs to the persons claiming under Category-(ii) 439 claimed under Category-(ii) that itself would not amount to an admission of the liability of the OIL with reference to the categorization and the entitlement of the additional 161 families to claim interim compensation in terms of categorization under Category-(i).

¶242

We, therefore hold that on the facts as they stand, only 12 families were initially held to be entitled to compensation of Rs.25.00

¶243

¶244

lacs under Category-(i); the remaining 161 families claiming under the present Miscellaneous Application No.31/2023/EZ would fall in Category-(ii). Neither the Respondents nor the Applicants dispute the figure of 439 families falling in Category-(ii). To this figure, will be added the 161 families whom we have held hereinabove as falling in Category-(ii). Thus, the total families in Category-(ii) entitled for compensation of Rs.10.00 lacs would be 600. Though 161 families out of 600 have already been paid Rs.15.00 lacs each, but the interim compensation has to be adjusted against the final compensation.

¶245

As admitted by the Counsel for the parties, Rs.10.00 lacs have already been paid to the 439 families in terms of the categorization and determination of interim compensation by the Tribunal vide its order dated 06.08.2020 therefore, these remaining 439 families are not entitled to any further amount of Rs.10.00 lacs as claimed by them.

¶246

We make it clear that we have not expressed any opinion on the question of payment of final compensation which still needs to be determined in the pending Original Application No.44/2020/EZ (Wildlife and Environment Conservation Organization Vs. Union of India & Ors.) , and Original Application No. 43/2020/EZ (Bonani Kakkar Vs. Oil India Limited & Ors.) , subject to the Applicants of the Original Application including Applicants of this Miscellaneous Application producing material evidence with regard to their claims for payment of final compensation as on today no evidence has been placed before this Tribunal regarding claim for final compensation.

¶247

The Miscellaneous Application No.31/2023/EZ is accordingly rejected.

¶248

¶249

I.As., if any, stand disposed of accordingly.

¶250

There shall be no order as to costs.

¶251

........................................
B. AMIT STHALEKAR, JM
................................................
DR. ARUN KUMAR VERMA, EM
Kolkata,
13 th December, 2024,
Miscellaneous Application No.31/2023/EZ
In
Original Application No.43/2020/EZ
SKB

¶252

Misc Application in disposed of cases No. 31/2023 in Original Application No. 43/2020 of Bonani Kakkar v. Oil India Limited

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Misc Application in disposed of cases No. 31/2023 in Original Application No. 43/2020 of Bonani Kakkar v. Oil India Limited

Case brief

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