(Eds: With details of deliberations)New Delhi, Dec 7 (PTI) In a setback to the Art of LivingFoundation of spiritual leader Ravi Shankar, the NationalGreen Tribunal today held it responsible for causing damageand environmental degradation of the Yamuna flood plains byholding a three-day cultural extravaganza last year.
While refusing to impose an additional environment fineon the AoL which has already deposited Rs 5 crore, the NGTordered the DDA to use this amount to restore the floodplainsand bill the AoL if the cost is more or return to it thebalance if the cost is below that amount.
The AoL termed the verdict as "erroneous and untenable"and said they would move the Supreme Court against it.
Ordering that the Yamuna riverbed should not be used tohold any cultural activity of this kind in future, the greenpanel directed the Delhi Development Authority (DDA) to assessthe damage caused on floodplains and compute cost ofrestoration in line with the recommendations of the expertpanel appointed by it.
"We hold and declare that AoL is responsible for causingdamage and environmental degradation of the floodplain ofriver Yamuna limited to the area that was awarded to it by DDAand the State of UP, in terms of the report of the HighPowered Committee," the NGT said in its judgement.
The AoL had organised the World Culture Festival fromMarch 11-13, 2016, on the floodplains and constructed anoval-shaped stage over an area of seven acres.
Noting that the AoL has already deposited Rs 5 crore withthe DDA, it said "in the event, the expenditure for thatpurpose on the portion of the land forming part of Phase-II ofthe project of DDA is found to be in excess of Rs 5 crore, DDAwould be at liberty to recover the said amount and AoL shallbe liable to pay the said amount on demand.
"If finally the expenditure to be incurred on that amountis less than Rs 5 crore, the remaining amount would berefunded by DDA to AoL," a bench headed by NGT ChairpersonJustice Swatanter Kumar said.
The tribunal rapped the DDA over its failure to maintainthe natural features and ecology of the Yamuna floodplains andsaid it has failed to exercise its statutory duty inconsonance with the environmental laws in force.
It, however, refrained from imposing environmentalcompensation on the DDA on the ground that it has alreadyplanned construction of a bio-diversity park and improvementof floodplains from its own funds.
The bench, also comprising Justice Jawad Rahim and expertmember B S Sajwan, said that even the Delhi Pollution ControlCommittee had failed to exercise due caution in grantingpermission to AoL. It should have considered the request forpermission in accordance with environmental laws in force.
Before the pronouncement of the judgement, the NGT wasinformed that Justice R S Rathore, who had earlier heard thematter, had recused from the bench.
In a statement, the AoL termed the verdict as "erroneousand untenable" and said they did not agree with it and willapproach the Supreme Court.
"The Art of Living will approach the Supreme Court. Weare not in agreement with the verdict. AoL is disappointedwith the decision taken by the NGT for damaging Yamunafloodplains during its World Culture Festival.
"We do not agree with the verdict. Our submissions havenot been dealt with/considered. We will appeal to the SupremeCourt. We are confident that we will get justice before theSupreme Court," AoL said.
Yamuna activist Manoj Misra, who had claimed that severedamage was done to the river and the floodplains and had fileda plea in the NGT in this regard, termed the decision as avictory for Yamuna.
"Our contention has been vindicated. We had said that thedamage was caused to the floodplains and the NGT has upheldour plea. This is victory of river Yamuna. I hope a strongmessage will go across the country to those who are damagingthe floodplains of the rivers. People need to know that riverfloodplain is not waste land," Misra said.
The expert panel had earlier told the NGT that anestimated Rs 42.02 crore would be required to restore Yamunafloodplains which was ravaged due to the culturalextravaganza.
Misra had claimed that severe damage was done to theriver and the floodplains and it must be restored byauthorities concerned. PTI PKS AG RKSARC.
This is unedited, unformatted feed from the Press Trust of India wire.