1 week ago
Supreme Court Overturns NGT Floodplain Ruling, Orders Refund
The Art of Living Foundation held a large World Culture Festival near the Yamuna River in Delhi in March 2016.
The National Green Tribunal later said the event damaged the river’s floodplain.
It ordered the foundation to deposit Rs 5 crore for restoration work.
The foundation appealed to the Supreme Court through Vyakti Vikas Kendra India.
The Supreme Court cancelled the NGT’s decision against the foundation.
It said the area was already badly damaged before the event.
The court said the available evidence did not show that the foundation caused the damage.
It ordered the Delhi Development Authority to return the Rs 5 crore.
The court also told the authority to continue repairing and protecting the floodplain.
The Supreme Court set aside the NGT’s 2017 finding that the Art of Living Foundation damaged the Yamuna floodplain during its 2016 festival.
The court directed the Delhi Development Authority to refund the foundation’s Rs 5 crore environmental compensation within four weeks.
The court said evidence showed the event site was already in a dilapidated condition before it was handed over to the foundation.
The NGT had relied on an expert committee report and ordered the Rs 5 crore payment for floodplain restoration.
The Supreme Court criticized the DDA for permitting the event on an active floodplain and ordered continued rehabilitation and preventive work.
- Who
- The Supreme Court, the Art of Living Foundation, Vyakti Vikas Kendra India, the National Green Tribunal, and the Delhi Development Authority.
- What
- The Supreme Court overturned the NGT’s 2017 order against the Art of Living Foundation and ordered a refund of Rs 5 crore.
- Where
- An active Yamuna floodplain in Delhi, covering about 25 hectares upstream of the DND flyway.
- When
- The festival took place from March 11 to 13, 2016; the NGT issued its final judgment on December 7, 2017; the Supreme Court ruled on Saturday, August 22.
- Why
- The Supreme Court found that the site was already in poor condition and that the evidence did not establish that the foundation caused the damage.
National Green Tribunal and Critics
Supreme Court and Foundation
Responsibility for damage
National Green Tribunal and Critics
Based on an expert committee report, the NGT concluded that the festival and related preparatory work damaged the Yamuna floodplain and held the foundation responsible. Environmentalists and NGOs had also warned that the event could harm the ecologically sensitive area.
Supreme Court and Foundation
The Supreme Court said the site was already in a dilapidated condition before the event and that any damage could not be attributed to the foundation. It found the committee report sweeping and based on subjective assessments.
Rs 5 crore payment
National Green Tribunal and Critics
The NGT ordered the foundation to deposit Rs 5 crore for restoration work by the DDA. The NGT’s final 2017 judgment directed that the money be used to restore the floodplain.
Supreme Court and Foundation
The Supreme Court set aside the NGT order and directed the DDA to refund the Rs 5 crore to the foundation within four weeks.
Permission for the festival
National Green Tribunal and Critics
Environmentalists and NGOs opposed holding the festival on the Yamuna floodplain, while the foundation argued that the event had received permission from the DDA.
Supreme Court and Foundation
The Supreme Court criticized the DDA for allowing the event on an active floodplain, saying the decision was inconsistent with the precautionary principle and public trust. It nevertheless did not hold the foundation liable for the alleged damage.
Key facts
- Event
- World Culture Festival
- Event dates
- March 11–13, 2016
- Location
- About 25 hectares of the active Yamuna floodplain upstream of the DND flyway in Delhi
- NGT ruling
- The NGT’s December 7, 2017 judgment held the Art of Living Foundation responsible for floodplain damage.
- Compensation
- Rs 5 crore deposited by the foundation under the NGT’s order
- Appeal
- Filed by Vyakti Vikas Kendra India, an organisation associated with the Art of Living Foundation
- DDA obligations
- The DDA must refund the money within four weeks and continue floodplain rehabilitation and preventive work.
Quotes
Supreme Court bench of Justices Satish Chandra Sharma and N K Singh
The Supreme Court bench hearing the appeal against the NGT’s order.
“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.”
telegraphindia.com
theprint.in
“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.”
telegraphindia.com
theprint.in
NDTV
Sources
Supreme Court clears Art of Living of Yamuna floodplain damage, orders Rs 5 crore refund - Telegraph India
Yamuna floodplains: SC overturns order against Art of Living, orders refund of Rs 5 cr fine
SC overturns NGT order against Art Of Living on Yamuna floodplains
Supreme Court orders refund of fine paid by Art of Living for Yamuna floodplains damage
Yamuna floodplain: SC overturns NGT order against Art of Living, directs refund of Rs 5 crore fine
Supreme Court Relief For Art Of Living In Yamuna Floodplain Damage Case
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