The National Green Tribunal (NGT) Thursday held the Art of Living Foundation (AoL) responsible for damaging the Yamuna floodplains when it organised a three-day cultural festival in March last year.
In its order, the NGT bench headed by Chairperson Justice Swatanter Kumar said, "We hold and declare that AoL is responsible for causing damage and environmental degradation of the floodplain of river Yamuna limited to the area that was awarded to it by DDA and the State of UP, in terms of the report of the High Powered Committee."
The bench, however, did not impose any further fine, ordering that the amount of Rs 5 crore AoL had submitted earlier would be used to restore the floodplains.
Responding to the NGT order, the Sri Sri Ravi Shankar-led foundation called the judgment "erroneous and untenable" and said it would move the Supreme Court against the verdict.
The green tribunal ordered that the Yamuna riverbed should not be used to hold any such cultural activities in future, while directing the DDA to assess the damage caused on floodplains and calculate the cost of restoration as per the recommendations of the expert panel appointed by it. The expert panel had earlier told NGT that an estimated Rs 42.02 crore would be required to restore Yamuna floodplains
The bench said "in the event, the expenditure for that purpose on the portion of the land forming part of Phase-II of the project of DDA is found to be in excess of Rs5 crore, DDA would be at liberty to recover the said amount and AoL shall be liable to pay the said amount on demand."
"If finally, the expenditure to be incurred on that amount is less than Rs 5 crore, the remaining would be refunded by DDA to AoL," it said. Pulling up the DDA for failing to maintain the natural features and ecology of the Yamuna floodplains, the bench said the it had failed to exercise its statutory duty in consonance with the environmental laws in force. The bench said that even the Delhi Pollution Control Committee had failed to exercise caution in granting permission to AoL.
It should have considered the request for permission in accordance with environmental laws in force, it said.
The AoL had held the World Culture Festival in March last year in which it had constructed a stage over an area of seven acres on the Yamuna floodplains. The cultural extravaganza attended by thousands from across the country including Prime Minister Narendra Modi and many other VIPs.
The NGT was informed that Justice R S Rathore, who had earlier heard the matter, had recused from the bench.
"We are not in agreement with the verdict. AoL is disappointed with the decision taken by the NGT for damaging Yamuna floodplains during its World Culture Festival," the AoL stated, claiming that its submissions had not been dealt with/considered.
"We will appeal to the Supreme Court. We are confident that we will get justice before the Supreme Court," AoL said.
The order
No fine was imposed. The Rs 5 crore submitted by AOL earlier will be used to restore the floodplains
The Yamuna riverbed should not be used to hold any such cultural activities in future
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