OIL gets HC nod for seismic survey

GUWAHATI, June 13 – The Division Bench of the Gauhati High Court comprising Chief Justice J Chelameswar and Justice Hrishikesh Roy in a judgement today permitted the Oil India Limited to proceed with the seismic survey on the Brahmaputr ariverbed abiding by the guidance of the experts of the ‘Multi Disciplinary Advisory Group’ and following the recommendations of the ‘Monitoring Committee’. The issue raised in PIL No. 77/06, PIL No. 87/06 and WP(C) (Taken up) No. 6327/06 pertains to the proposed move of the OIL to conduct seismic survey on the Brahmaputra riverbed areas for exploring of Hydro Carbon reserve. The proposed seismic survey was under challenge by the petitioners on the ground that such survey on the Brahmaputra river would endanger marine life and would have an adverse environmental impact on the river Brahmaputra and its surrounding areas. Apprehensions were also expressed that marine life particularly the river dolphins would be endangered and there might be changes in the course of the Brahmaputra which would also have an impact in the surrounding areas.Arguments were also advanced by the petitioners against the proposed seismic survey on the ground that Brahmaputra river is a precious gift for the people of Assam and since the said river ensure a rich bio-diversity and sustenance for the people, animals, birds and marine life of the region, a seismic survey for exploration of Hydro Carbon reserves might not be justified even for the economic benefits which might result through such survey. It was also pointed out that Brahmaputra river is prone to erosion and conducting of seismic survey is bound to aggravate the situation.Soli J Sorabjee, senior advocate who represented OIL while defending the OIL authorities submitted that decision to conduct the seismic survey on Brahmaputra riverbed was a well informed decision after consideration of all relevant parameters including the opinions of experts in the field. The proposed seismic survey does not involve use of explosives. It was also pointed out that seismic surveys are being conducted in several parts of the world for last several decades and there is no scientific basis for assuming that by conducting seismic surveys, any environmental degradation is likely to result and therefore, it would not be appropriate to intervene in such a matter which ought to be left for better judgement and appreciation by the experts.The Gauhati University had also conducted an environmental impact assessment (EIA) on the proposed seismic survey and the team of experts of the University submitted the EIA report on August, 2006. The High Court after taking note of the EIA report found that no possible adverse impact is perceived by the experts. While considering the EIA report and also the precautions and mitigating measures suggested in the report itself, the court felt that the proposed seismic survey is not to affect the river Dolphins, birds, fishes in the Brahmaputra river.After hearing the lengthy arguments and several judicial pronouncements of the Apex Court, the High Court delivered the judgement today with an observation that the Monitoring Committee constituted by the OIL authorities is to ensure that all the mitigating measures as suggested in the EIA report have been adhered to during the operation of the seismic survey and further observed that it would be obligatory for the OIL to satisfy the Monitoring Committee that all mitigating measures have been adhered to during the survey. The court also made it clear that the OIL authorities are also required to follow all other statutory and legal requirements.Senior advocates DC Mahanta and MK Choudhury appeared for the petitioner, senior advocates Soli J Sorabjee and SN Sarma represented OIL and H Rahman, Assistant Solicitor General represented the Central Government.
By Our Law Correspondent
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