The World Culture Festival by the Art of Living (AOL) Foundation will go on as planned but only after an initial fine of Rs 5 crore as compensation for damaging biodiversity at the flood plains of the river Yamuna, the National Green Tribunal (NGT) has ruled.
On Wednesday, a bench headed by NGT head Swatanter Kumar ruled the event, scheduled Friday to Sunday, could not be stopped now, due to the late date at which the matter was brought to its notice.
However, it said, a large area of the Yamuna’s eastern floodplain had been considerably damaged. This was due to the natural flow being checked by the building of six pontoon bridges and artificial embankments, while a large area has been levelled, irrespective of natural flora.
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NGT ordered a committee to be formed with representatives from the Union environment ministry, Delhi Pollution Control Committee (DPCC) and the Central Pollution Control Board. They shall inspect the site and issue directions by Thursday with respect to the source of water, collection and disposal of municipal solid waste and sewerage generated.
The lack of any assessment earlier had been justified by the Union environment ministry, which had informed NGT that no clearance was necessary for temporary structures being erected. The Tribunal later questioned how structures could be termed temporary when no assessment had been made.
The ministry also initially failed to present an affidavit in this respect as demanded by the court, which had noted the ministry’s actions violated the Environmental Impact Assessment Notification, 2006.
On the other hand, the water resources ministry denied receiving any applications for permission.
Ravi Shankar had maintained the event was not detrimental to the environment and had proposed creating a biodiversity park in the area. The green court has taken up this proposal and subsequently ordered that such a park be indeed built there by AOL and the Delhi Development Authority, which had granted the event permission on June 30, 2015.
Terming this permission vague and outside DDA’s jurisdiction, the court fined it Rs 5 lakh. Also, fining DPCC Rs 1 lakh for failing to discharge its duty. The defendant for AOL said DPCC had said there was no requirement for permissions from it, owing to its cultural nature.
The court has also ordered AOL to bear the entire cost of restoring the area to its natural state within two weeks. The cost will be assessed by a committee formed by the court.
Counsels for AOL said the 40-ft high and 1,000-ft long stage was erected only after requisite permissions from the Delhi government.
President Pranab Mukherjee, who was to address the event, later cancelled, casting a shadow on the participation by the Prime Minister, who has also been invited. Counsel for the Delhi government informed NGT on Wednesday that after inspecting the site, Delhi Police had written to the urban development ministry that the stage where the PM was to be seated lacked a structural stability certificate.