New Delhi: The Supreme Court on Friday allowed an appeal filed by Vyakti Vikas Kendra, associated with the Art of Living Foundation, and set aside the Rs 5 crore environmental compensation imposed on it over the organisation's 2016 event on the Yamuna floodplain in Delhi.
A bench of Justices Satish Chandra Sharma and N. Kotiswar Singh held that a person can be held absolutely liable only when a direct link is established between the alleged act and the environmental damage. In the present case, the Court found no direct evidence linking the Art of Living event to the damage to the floodplain.
The Court also noted that the National Green Tribunal had denied the appellant an adequate opportunity to argue its case and had overlooked relevant material. It observed that the event site was already in a dilapidated condition.
The Supreme Court, however, strongly criticised the manner in which the Delhi Development Authority permitted the event to be held on the active Yamuna floodplain.
"The manner in which DDA gave permission to hold an event on the active Yamuna floodplain was incorrect."
The Court said the DDA had violated the trust reposed in it as the body responsible for protecting the floodplain and had failed to act in accordance with its statutory duties.
However, the Court clarified that the question of the legality of the permission granted by the DDA was not before it in the present appeal.
The Court directed the DDA to continue with the rehabilitation of the Yamuna floodplain as directed by the NGT. It also directed the DDA to refund the ₹5 crore deposited by Vyakti Vikas Kendra pursuant to the NGT's order.
The ruling therefore gives relief to the Art of Living Foundation while making it clear that the DDA's conduct in permitting the event on the ecologically sensitive floodplain was improper.
The Court said the rehabilitation work on the floodplain has already commenced and must continue in terms of the directions issued by the NGT.
