Supreme Court Quashes NGT Order Against Art of Living, Directs Refund of ₹5 Crore Fine
The NGT had ordered that the ₹5 crore environmental compensation paid by the organisation be spent on restoration of the Yamuna floodplains. It was this order that was set aside by the top court today.
Case Snapshot
- Court
- Supreme Court
- Bench
- Justice Satish Chandra Sharma and Justice NK Singh
- Appeal Filed By
- Vyakti Vikas Kendra India (VVKI)
- Direction
- DDA to refund the ₹5 crore to the Foundation
Supreme Court Sets Aside the 2017 NGT Judgment
In today’s order, the Supreme Court set aside the 2017 NGT judgment which had found the Art of Living Foundation guilty of causing damage to Yamuna floodplains during its 2016 event, ‘World Culture Festival’.
Accepting the Foundation’ petition, a Bench of Justice Satish Chandra Sharma and Justice NK Singh set aside the NGT order which had directed Delhi Development Authority (DDA) to utilize the ₹5 crore environmental compensation deposited by the Foundation for Yamuna floodplains restoration.
The Bench also directed DDA to refund the ₹5 crore to the Foundation.
The order was passed on the appeal filed by Vyakti Vikas Kendra India (VVKI), the Indian organisation linked to Art of Living Foundation.
The Art of Living Foundation is an international organization founded by Sri Sri Ravi Shankar while VVKI is its Indian counterpart.
A detailed order explaining the reason for allowing the Foundation’s appeal will be released later.
Background to the World Culture Festival and ₹5 Crore Deposit
The Art of Living Foundation had deposited the ₹5 crore following an interim NGT order in March 2016, just days before the World Culture Festival -staged by the Foundation- was to begin.
While allowing the Festival to go ahead as planned, the NGT had directed the Art of Living Foundation to deposit ₹5 crores as environmental compensation to be adjusted against the final compensation to be paid by it after an assessment of the environmental damage was carried out.
Held from March 11 to 13,2016, the World Culture Festival was hosted by the Art of Living Foundation on Yamuna floodplains in Delhi.
Several environmental groups had raised concerns about creation of roadways, ramps and other structures for the festival on the Yamuna floodplains and alteration of its topography and natural flow.
The NGT had severely criticized DDA and Delhi Pollution Control Committee for their failure to prevent holding the event and had ordered them to pay separate amounts as penalty.
NGT's December 2017 Findings on Yamuna Floodplains
In December 2017, the NGT held Art of Living Foundation liable for damage to Yamuna floodplains based on a report of an expert committee. It concluded that the Festival was responsible for damaging the floodplains and altering the flow of Yamuna.
The NGT did not order the Foundation to pay any additional amount as compensation. Instead, it modified its earlier order of utilizing the ₹5 crore compensation deposited by Foundation towards restoration of floodplains.
Art of Living Foundation's Challenge Before the Supreme Court
Appealing this judgment, Art of Living Foundation went to the Supreme Court challenging the finding of the NGT that held it responsible for damage to Yamuna floodplains.
The Foundation contended that the area where the Festival was held was never notified as floodplain. It further argued that there has been no scientific evaluation to show the extent of environmental damage caused by the Festival. It also cannot be held liable when permission for the event was granted by DDA.
Supreme Court Directs Return of ₹5 Crore
Final Order
The Supreme Court not just set aside NGT order but also directed the DDA to return ₹5 crore paid by Art of Living Foundation as environmental compensation.
Art of Living Foundation was represented by Senior Advocate Nikhil M Sakhardande and advocates Nipun Katyal, Shubhra Swami and Manan Sharma.
