The National Green Tribunal (NGT) on Tuesday asked the Centre why no environmental clearance is required for erecting structures on the Yamuna floodplain for Sri Sri Ravi Shankar’s Art of living “World Culture Festival”. The three-day event is to begin on March 11. The NGT also raised an alarm about the safety of the stage for the function and charged that the organsiers have covered far more areas than they had applied for.
A Bench headed by NGT Chairperson Swantanter Kumar said, “You (Environment Ministry) file an affidavit by tomorrow (Wednesday) and tell us why no environmental clearance is needed for raising temporary structures on floodplains.”
The direction came after counsel appearing for the Environment Ministry said that they have found no debris at the site, when an expert team took stock of the situation as per Environment Impact Assessment notification 2006, no environment clearance is needed for temporary structures.
The green panel also questioned the building up of pontoon bridges by the Army on the Yamuna for the festival, and questioned the Delhi Development Authority (DDA) counsel for the permission.
The DDA, the Delhi Government and the Environment Ministry said they have no relation with the grant of permission to the Army for setting up the pontoon bridges and they are concerned about other issues.
While the DDA said it was only required to give no objection certificate for the bridge, the Delhi Government submitted that its role for the pontoon bridge comes only at the time of flood.
In its submission, the DDA said it had granted the Art of living permission to hold the event on 24.44 hectares that can accommodate between 3.5 million and 5 million people. It also said that constant watch was being maintained so that no debris or construction waste are dumped on the Yamuna floodplain and a contractor has been deployed there to remove the debris, in case it was dumped.
However, the expert committee set up to study the situation pointed out in its report that there was damage to 60 acres on the banks of the Yamuna. The Bench also observed that the 7-acre stage set up by Art of living for the cultural festival won’t hold unless its foundation is below the earth’s surface.
The Bench then said that DDA just can’t wash its hand off by saying no debris is there as the photographs on record does show the presence of waste at the site.
“In October, November and December, till the time we handed over the site to the organisers, there was no debris at the site. We are telling this with utmost responsibility that there was no debris,” said counsel appearing on behalf of DDA.
He added that the area is meant for recreational activity. The area is with DDA and it is the competent authority. Permission was granted after taking proper legal opinion which was conditional that no permanent structure will be constructed and also that it will be subject to permissions from other concerned authorities,” he said.
The Bench also questioned the Uttar Pradesh Government that under what authority of law was the parking area allottedIJ “Does the parking area fall under floodplains area, does the area permitted has been exceeded by the organisers and how much money been spent to clear the debris from the allotted area,” the Bench said.
The Counsel appearing for the Uttar Pradesh Government said that no debris was found at the allotted area, so there is no question of money being spent. The counsel added that permission was granted as per the notification in which floodplains can be allotted for parking purposes during non-monsoon seasons so that there is no damage to environment and no permanent structures could be constructed.
The Bench, asked the Counsel whether thousands of cars making emission will not cause pollution to the environment. It asked all the parties to consider the impact of such an event on the environment, river, ecology and biodiversity.
“Assuming that all necessary permissions were taken for the event but has anybody considered what the impact will be on the environment, river, ecology and biodiversity. Has any study being conducted in this regardIJ” the Bench questioned.
Meanwhile, the Art of living in its submission said that it had taken the requisite permissions from all the authorities except from the police.