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NGT Verdict on the ‘Art of Living’ Case

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December 10, 2017

What is the issue?

  • Sri Sri Ravishankar’s Art of Living Foundation (AoL) organised a 3 day World Culture Festival (WCF) in March 2016.
  • The event is said to have caused severe environmental & ecological damaged to the Yamuna floodplains.
  • National Green Tribunal (NGT) has now given its final verdict on the matter and has upheld the guilt of AoL.

How did the issue evolve?

  • AoL was initially granted permission for organising the event WCF event on the banks of river Yamuna.
  • The permission was on the condition that AoL would be held responsible for restoration of the allocated space after the event.
  • The event had caused “serious pollution on the floodplain of the river” as nearly 35 lakh people had gathered.
  • A case was initiated in the NGT with stress on the ‘Polluters Pay Principle’.

What were the expert committee findings?

  • Initially, the NGT had levied Rs 5 crores as damage compensation.
  • Subsequently, NGT-appointed expert committee noted that the damages would cost over Rs 42.02 crores.
  • It was also estimated that restoration could take up to 10 years.
  • The expert committee had found that about 420 acres of floodplains of the Yamuna had suffered adverse ecological impact.
  • Further, “changes in topography, habitat, and loss of wetlands, vegetation and biodiversity” have been observed. 
  • Also, degradation in the nature of soil, toxic substances and substrata degradation have been established.

What were major legal pronouncements?

  • AoL argument that lack of notified wetlands around Yamuna, was rejected as not being notified doesn’t mean absence of wetlands. 
  • Notably, in large parts of the country the wetlands as of now have neither been identified nor notified in accordance with law.
  • The Delhi Development Authority (DDA) has also been pulled-up as it had failed to oversee compliance with the environmental laws.
  • But despite this comprehensive estimate of damages, NGT has resisted from enhancing the fine amount from the earlier 5 crores.
  • While, the tribunal has ruled for proceeding with the restoration work, AoL has stressed that it intends to go on appeal to the SC.

 

Source: The Indian Express

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