No more big events on Yamuna floodplains, says green court
DDA TOLD TO ASSESS DAMAGE CAUSED TO THE RIVER BANKS; ART OF LIVING CRIES FOUL, SAYS WILL APPROACH SC
NEW DELHI: The National Green Tribunal on Thursday ordered that no event like the Art of Living’s World Culture Festival should be organised on the Yamuna floodplains in the future.
“We direct that, in consonance with the directions of the Supreme Court and judgment of Delhi High Court, that the flood plains of river Yamuna in NCT Delhi should not be permitted to be used to hold any activity of the present kind,” the bench headed by National Green Tribunal chairperson Justice Swatanter Kumar said.
The Delhi Development Authority (DDA) will now assess the quantum of damage caused to the floodplain.
“We further direct the Delhi Development Authority, under the guidance of the expert committee, to carry out restoration/ restitution/other necessary works and would also ensure construction or establishment of biodiversity park at the site, which is part of Phase-ii of the plan prepared by DDA for restitution/restoration and beautification of the flood plains of river Yamuna,” the green court bench said.
The bench also criticised the DDA for failing “to exercise its statutory duty in consonance with the environmental laws in force”.
The Art of Living, however, called the judgment “erroneous and untenable”.
“Our submissions have not been considered at all. It is important to note that one of the judges recused himself from the bench just before the judgment was pronounced. We will appeal to the Supreme Court,” a spokesperson said.
“As evident, it is the duty of the DDA to maintain the natural features and ecology of the flood plain which they have failed to do in the facts and circumstances of the present case…. We would have imposed environmental compensation upon DDA as well, but keeping in mind that it has already planned construction of biodiversity park and improvement of flood plains from its funds, we do not impose any further environmental compensation upon DDA,” the judgment stated.
The bench, also comprising Justice Jawad Rahim and expert member BS Sajwan, said that even the Delhi Pollution Control Committee had failed to exercise due caution in granting permission to the Art of Living Foundation. It should have considered the request for permission in accordance with environmental laws in force.
Before the pronouncement of the judgment, the green tribunal was informed that Justice RS Rathore, who had earlier heard the matter, had recused from the bench.
In the judgment, the Art of Living Foundation has been given the option to move to expert committee and the DDA, if it “proposes to make any suggestions for restitution or restoration and other necessary works of the flood plains” limited to the area allotted to it by the DDA.