New Delhi, Aug 22 (PTI) The Supreme Court on Saturday set aside a 2017 order of the National Green Tribunal (NGT) holding Sri Sri Ravi Shankar’s Art of Living Foundation responsible for the damage caused to the Yamuna floodplain due to its World Culture Festival held here in 2016.
The top court also directed the Delhi Development Authority (DDA) to refund the Rs 5 crore environmental compensation deposited by the foundation.
A bench of Justices Satish Chandra Sharma and N K Singh held that there is ample material on record to show that the event site was already in a dilapidated condition prior to its handing over to the Art of Living Foundation.
“The material on record actually goes on to prove that damage, if any, cannot be attributed to the appellant….
“The impugned judgment dated December 7, 2017, is set aside, along with all consequential and interim actions taken against the appellant herein. The appellant is entitled to a refund of the amount of Rs 5 crore deposited by it to the DDA, in compliance of the tribunal’s order dated March 9, 2016. The same shall be refunded by the DDA within four weeks from today,” the bench said.
The apex court’s order came on an appeal filed by Vyakti Vikas Kendra India, associated with the Art of Living Foundation, challenging the NGT verdict.
Based on a committee report, the NGT had directed the Art of Living Foundation to deposit Rs 5 crore, noting that the event had caused damage to the floodplain.
The top court said the tribunal got swayed by the expert committee’s report that massive preparatory work was going on at the site and went on to conclude that by undertaking such work, the appellant had severely damaged the floodplain.
“This conclusion was reached by the tribunal without examining the contemporaneous evidence regarding the pre-existing damaged condition of the floodplain and the conspicuous failure of authorities to implement its earlier judgment in the Yamuna matter.
“Moreover, the finding was based on a report which was of a sweeping nature and was based on a subjective assessment of the members,” the bench said.
The court also slammed the DDA for granting permission to hold the event on an active floodplain and directed it to continue the work towards the rehabilitation of the Yamuna floodplain, as directed by the NGT.
“The manner in which permission was granted by the DDA to hold the event on an active floodplain of the river cannot be approved. It was not only avoidable, but was also not consistent with the precautionary principle and the doctrine of public trust.
“We feel that the DDA was bound to act in a manner that the trust reposed in it, as the agency responsible for the rehabilitation and ecological maintenance of the Yamuna floodplain, is not shaken in any manner,” the bench said.
The court said the DDA was bound to take all preventive steps and precautions to avoid any further deterioration of the active floodplain.
Evidently, the authority failed to act in accordance with its duties towards the public at large, it added.
The World Cultural Festival was held from March 11 to 13, 2016. The event was organised on the active floodplain of the Yamuna river in Delhi, over an area comprising 25 hectares upstream of the DND flyway. PTI PKS RC
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