The matter titled ‘Bonani Kakkar vs. OIL & Ors.’ CA No. 2201 of 2021, was listed on 23.01.2023 for hearing before the Hon’ble Supreme Court of India. The bench comprised of Hon’ble the Chief Justice of India, Dr. Justice D.Y. Chandrachud, Hon’ble Justice V. Ramasubramanian and Hon’ble Justice J.B. Pardiwala.

The matter concerns the gas blowout that took place in Baghjan, Assam on 27.05.2020 and was brought in appeal by the Petitioner aggrieved by the judgment of NGT dated 19.02.2021 before the Supreme Court of India. 

As per the directions of the Supreme Court, the Committee constituted for the assessment of damages and restoration was directed to file its report with respect to the restoration of the surrounding areas of the site including the Dibru Saikhowa National Park (DSNP) and Maguri Motapung Wetland (MMW).

The Supreme Court re-constituted committee filed its Interim Report dated 20.10.2021 recommending a cost of Rs. 2,500 crores to be paid by Public Sector Undertaking, Oil India Limited (OIL). The Committee, thereafter, filed its Final Report dated 31.12.2021 reducing its cost to Rs. 1,196 crores on account of remediation work carried out by multiple agencies engaged by Oil India Limited. 

Trust Legal through its strategic environmental advisory filed a series of additional affidavits which were based on photographs and field visits undertaken by OIL and Trust Legal team on multiple occasions. 

Trust Legal, in its counter affidavits vividly captured the remediation and restoration work carried out by OIL on the ground through scientific data, and research conducted by M/s The Energy and Resources Institute (TERI).

Since the time of the blowout, OIL had independently engaged TERI and various other national and international agencies including International Union for Conservation of Nature (IUCN) for the bio-remediation and restoration of flora and fauna in and around the site. OIL also undertook afforestation through the Miyawaki method in collaboration with the Pollution Control Board of Assam (PCBA) and have planted 35,000 trees on the site till date.

On hearing the parties, the Hon’ble Supreme Court of India deemed it fit to remit back the matter to National Green Tribunal to deliberate upon the findings of the Committee as well as to further guide on the issues of compensation. 

The Respondent No. 1, Oil India Limited was represented and led by Mr. Parag P. Tripathi, Senior Advocate, Mr. Sridhar Potaraju, Advocate, SC briefed by Trust Legal (Advocate on record firm) team consisting, Mr. Sudhir Mishra, Managing Partner; Mr. Gaichangpou Gangmei; Ms. Simran Gupta, Senior Associate and Mr. Mrigank Shekhar Mehta, Associate. 

The in-house legal team of OIL consisted of Mr. Saroj Deka, CGM (Legal), Dr. Kumudani Sharma, DGM (Legal) and Mr. Vivek Singh, Manager, Legal.