Justice A P Shah Committee last week opined that Reliance Industries should pay the government for the "unjust enrichment" by way of drawing natural gas from an adjacent block of ONGC in the KG basin of the Bay of Bengal since 2009.
While holding that RIL may have had prior knowledge of the fields of the two companies being inter-connected and gas migrating from one to another, the report also recorded RIL charge that ONGC knew of the connectivity way back in 2007 but choose to remain silent till 2013.
In submissions to the Shah Committee, "We had very strongly submitted that ONGC had no prior knowledge," he said.
In the report, the panel had sought enquiry into the allegations of prior knowledge on the part of both RIL and ONGC, with particular emphasis laid upon the failure of both parties to present the information they had to the DGH.
First the technical consultant D&M established that the reservoir between the blocks of ONGC and RIL are connected and then the Shah Committee also established that gas had indeed migrated or seeped.
But the Shah Committee stated, "The Government of India, and not ONGC, is entitled to claim restitution from RIL for the unjust benefit it received and unfairly retained. ONGC has no locus standi to bring a tortuous claim against RIL for trespass/conversion since it does not have any ownership rights or possessory interest in the natural gas."
Asked how confident you are of getting government's support on the issue when Prime Minister appeared in front page ad of Reliance Jio the very next day after Oil Minister said that government will take action on the Shah Report, he said, "These two things are totally unconnected.
"The current government is acting without any bias. They have no bias against any PSU or a private sector. They would definitely decide on merit. That is my firm belief. That is why they appointed a committee. This means that government means business," he said.
The Shah Committee in its report noted and accepted the
D&M Report findings that connectivity between the reservoirs in KG-DWN-98/3 (or KG-D6) block of RIL and ONGC's KG-DWN-98/2 and Godavari PML blocks is established.
Since April 1, 2009, when RIL began production from KG- D6, to March 31, 2015, 7.009 and 4.116 billion cubic meters of gas had migrated from Godavari PML and D1 discovery of KG- DWN-98/2 block respectively to KG-D6. Of this 5.968 and 3.015 bcm of gas was produced from Godavari PML and D1 discovery of KG-DWN-98/2 block respectively, through KG-D6.
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