VYAKTI VIKAS KENDRA INDIA Vs. MANOJ MISRA

JUDGEMENT

(1.) The present appeal arises from the common judgment dtd. 7/12/2017 passed by the National Green Tribunal, Principal Bench, New Delhi [Hereinafter referred as "NGT"or "Tribunal"] in a batch of three applications, being Original Application [Hereinafter referred as "OA"] Nos. 65/2016, 76/2016 and 81/2016. For clarity, it may be noted that in the OAs filed before the NGT, the appellant was arrayed under the name and style of "Art of Living International Centre". However, in the present appeal, it is indisputably submitted that the correct name of the legal entity is "Vyakti Vikas Kendra, India" and "Art of Living International Centre" is merely a centre run by the said legal entity.

(2.) Be that as it may, the OAs before the NGT were preferred by respondent no. 1/Mr. Manoj Misra on 8/2/2016 against a scheduled event - World Culture Festival (WCF) - from 11th-13/3/2016, being organized by the appellant herein. The applicant/respondent no. 1 invoked the jurisdiction of the Tribunal by alleging violation of the decision dtd. 13/1/2015 passed by the NGT in OA No. 06/2012 [Hereinafter referred as "Yamuna matter"]. The said decision was concerning the environmental concerns associated with river Yamuna and its floodplains, and rehabilitation thereof. Respondent no. 1 alleged that the scheduled event was being organized on the floodplains and wetlands of Yamuna river and had damaged the said areas, thereby causing serious harm to the ecological balance and health of the river and its adjoint floodplains and wetlands.

(3.) On 11/2/2016, notice was issued in the matter and on 19/2/2016, the Tribunal appointed an expert committee with mandate to visit the event site and submit its report by 22/2/2016. The committee submitted its interim report on 22/2/2016, whereby it opined that the proposed event would damage the floodplains in a manner that rectification would require an expense of Rs.100.00120 crores. On 9/3/2016, the Tribunal passed an interim order recording that in the preparatory process, the floodplains have been drastically tampered with. It also found that the permission granted by DDA to hold the event was inconsequential. Nevertheless, the Tribunal permitted the event to take place as scheduled, subject to payment of Rs.5.00crores by the appellant in the form of environmental compensation. It also directed the appellant to furnish an undertaking that in case, the floodplains are found to be damaged after the event, the appellant would bear the cost of restoration.