While reading out the order on Tuesday, justice Swatanter Kumar said that the Tribunal was dismissing the NGO's plea to pay the balance compensation as a bank guarantee.
In a setback for the Art of Living Foundation, the National Green Tribunal (NGT) on Tuesday ordered them to fork out Rs4.75 crore in a week, the balance of the Rs 5 crore environment compensation they had imposed on the non-governmental organisation for "drastically tampering with the (Yamuna) floodplains". The Tribunal had passed an order on March 9 in which it said that the preparations for the NGO's mega-event, to celebrate its 35th anniversary had "drastically tampered with the flood plains, destroying natural flow of river and natural vegetation on the river bed."
While reading out the order on Tuesday, justice Swatanter Kumar said that the Tribunal was dismissing the NGO's plea to pay the balance compensation as a bank guarantee. While rejecting the plea, the Kumar also imposed a cost of Rs.5000 on the NGO. He slammed the NGO's plea and said that it "lacked bona fide". He went on to add, "The order of the court was used to hold the event and then you went back on its commitment. The organizers engaged in multiplicity of litigations to not pay the compensation and thus their conduct is questionable."
The Tribunal said that the NGO should use the union culture ministry's grant to pay the balance compensation. The union culture ministry has granted the NGO Rs2.5 crore for their World Culture Festival and Rs.1.68 crore has already been disbursed, counsel for Art of Living revealed to the NGT bench on March 11.
After the Tribunal imposed an environment compensation of Rs5 crore on the NGO its founder Sri Sri Ravi Shankar had said that he would rather go to jail than pay the fine. Later, on the day of the event, on March 11, the NGO approached the Tribunal and pleaded for more time to pay the compensation. The NGT, though, asked the NGO to pay up Rs.25 lakh and granted three weeks of time to pay the balance amount. But, the NGO instead pleaded to the NGT that it should be allowed to pay the balance as a bank guarantee.
Meanwhile, on the issue of reconstituting the expert body that will inspect the Yamuna floodplains to fix a final compensation, the Art of Living Foundation had moved a plea to appoint new members alleging bias. But, the Tribunal did not entertain the NGO's plea on Tuesday and said that two more members can be added to the committee on the condition that the NGO withdraw their application. But, the NGO did not accept the condition and has decided to challenge the inspection and constitution of the committee.
The expert committee, headed by secretary, union water secretary, will now have to go ahead with its inspection of the floodplains and has to submit its report in a sealed cover to the Tribunal before July 4.
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