MANOJ MISHRA VS DELHI DEVELOPMENT AUTHORITY
O.A No. 65 of 2016, (M.A. No. 130 of 2016)
FACTS
Manoj Mishra, a former Indian Forest Service officer and convener of the "Yamuna Jiye Abhiyaan " campaign, lodged Original Application (OA) No 65 of 2016 against the Delhi Development Authority (DDA) before the National Green Tribunal, Principal Bench, New Delhi, on February 8, 2016. Respondent parties included the Art of Living (AOL) Foundation, the Ministry of Environment, Forest and Climate Change, and the Art of Living (AOL) Foundation. The petitioner contended that the Yamuna Flood Plains faced environmental endangerment, exacerbated by extravagant festival decorations. Notably, a 7-acre stage, billed as the world' s largest and capable of accommodating 35,000 musicians and dancers, was erected. Additionally, new dirt tracks and 650 portable toilets were installed across 1,000 acres. Organizers reported attendance of 35 lakh people, including over 20,000 overseas guests. The petitioner raised concerns regarding the adverse impacts of construction activity on the river system and insisted on an environmental impact assessment, inclusive of construction work. Allegations were made against the DDA for erroneously permitting the Art of Living to utilize land in the riverbed/flood plain, setting a perilous precedent for future ecological disasters and degradation of the Yamuna River and its floodplains. Consequently, the petitioner approached the National Green Tribunal seeking suspension of ongoing construction work and prohibition of any activity on the Yamuna floodplains to prevent irreversible damage. Earlier, Shri Mishra had formally complained against the respondents to the Governor of Delhi on December 11, 2015, prior to initiating the current application with the NGT.
ISSUES
CONTENTION
Petitioner
The petitioner's counsel asserted that the Art of Living Centre had inflicted significant harm upon the Yamuna River system in preparation for their mega-event. They contended that allowing the event to proceed would exacerbate the damage already done. Moreover, it was argued that the Art of Living had failed to adhere to the guidelines stipulated in the Yamuna judgment. The petitioner emphasized the necessity of conducting an environmental impact assessment encompassing all activities, including construction work. Allegations were made against the DDA for erroneously permitting the Art of Living to utilize land in the riverbed/flood plain, setting a dangerous precedent for further environmental degradation. Citing the High Court of Delhi' s decision in the matter of Times Global Village, the petitioner highlighted the absence of an environmental impact assessment before approving such an event, underscoring the failure of relevant authorities. Consequently, the petitioner urged for an immediate halt to all ongoing construction activities and prohibition of any further activity on the flood plains or along the Yamuna River in Delhi. Additionally, they sought imposition of exemplary fines on the DDA and the Art of Living International Centre, alongside immediate efforts to restore the river flood plain to its original state.
Respondent
Delhi Development Authority (DDA): The DDA asserted that it had diligently fulfilled its obligations, including oversight by the High-Powered Committee. It clarified that the entire region was not under its jurisdiction. Ministry of Environment, Forests and Climate Change: The Ministry argued that as the Yamuna River is a tributary of the Ganga, it falls under the jurisdiction of the Ministry of Water Resources, River Development, and Ganga Rejuvenation (MoWR), responsible for floodplain conservation. It stated that since the event necessitated minor and temporary construction, approval from the Ministry of Environment, Forests, and Climate Change was unnecessary. Art of Living International Centre: The Art of Living International Centre claimed to have obtained all requisite permits and permissions from various regulatory bodies. It contested the applicability of the Yamuna verdict, as it was not party to the application and had already secured other licenses. The respondent disputed the findings of the High-Powered Committee regarding environmental impacts, citing pre-existing damage caused by agricultural operations, debris dumping, and other activities. They provided an affidavit outlining environmental initiatives undertaken in various states. Furthermore, the respondents raised a preliminary objection, arguing that the petitioner misidentified the Art of Living International Centre as a respondent instead of Vyakti Vikas Kendra-I, the organization ' s representative entity. They requested dismissal of the application due to misjoinder or non-joinder of an essential party.
NGT JUDGEMENT
The National Green Tribunal (NGT) acknowledged severe damage to the Yamuna flood plains following an inquiry by an appointed expert. Despite this, the NGT permitted the festival to proceed based on the principle of fait accompli, citing the petitioner ' s delay in approaching the tribunal and the feasibility of restoration and restitution. The tribunal noted that although the Art of Living had sought permissions from various authorities, it had not yet obtained approvals from crucial entities such as the Fire Department, Police Department, or the Ministry of Water Resources, which holds responsibility for Yamuna conservation as per a July 31, 2014 notification. Rejecting the Ministry of Environment, Forests and Climate Change ' s claim that the foundation did not require its approval, the NGT emphasized compliance with regulations, particularly regarding areas exceeding 50 hectares, as per the Environmental Impact Assessment Notification, 2006. Based on expert opinions and documented evidence, the NGT observed substantial tampering with the flood plains, resulting in damage to the river ' s natural flow, vegetation, marine life, water bodies, and wetlands. In an interim order dated March 9th, 2016, the NGT held the Foundation accountable for restoring the environmental damage caused to the flood plains, imposing a fine of Rs. 5 Crore on the Foundation and Rs. 5 Lakh on the Delhi Development Authority (DDA) for neglecting their duties. In its final verdict on December 7th, 2017, the NGT held the Art of Living Foundation responsible for restoring the flood plains within the area allotted for the event. Additionally, the DDA was authorized to seek further compensation from the foundation if necessary to complete the restoration work.