Notice to Centre, government after plea on ambit of NGT

New Delhi: After much controversy over the Art of Living festival, another interesting plea has been filed in the green court. The plea, which could reignite the whole debate, has challenged the jurisdiction of the National Green Tribunal to decide the issue of damage to the floodplains of Yamuna caused by the holding of the three-day cultural festival in March last year.

The environmental tribunal has sought an answer from the government on whether  holding of religious and cultural events like the controversial cultural extravaganza organised by Sri Sri Ravi Shankar’s Art of Living (AoL) can be prohibited by bringing it under the umbrella of the environment laws.

The move comes days after the green panel directed an expert committee to quantify tentative cost of rejuvenating Yamuna riverbed, damaged due to the festival. The seven-member principal committee had said the AoL’s World Culture Festival had “completely destroyed” the riverbed.

After some reluctance, a bench headed by NGT chief Justice Swatanter Kumar issued notices to the AAP government, DDA, Art of Living (AoL) Foundation and Yamuna activist Manoj Misra while seeking their replies on whether it had the “scope and power” to decide the issue.

The plea moved by Prajanya Chowdhry, Anil Kapoor and Anand Mathur said cultural and religious rights form part of “Right To Live With Dignity” as guaranteed under Article 21 of the Constitution and therefore cannot be banned or stopped.

Advocate Anirudh Sharma, who appeared for them, said the Constitution allowed individuals to hold events like World Culture Festival and participate and any restriction would deny them such rights.

The petitioners said the NGT, in its present composition, lacked jurisdiction to decide issues of fundamental rights and their width, scope and interpretation.

The petitioners, quoting several Articles of the Constitution, contended it was their right to organise and participate in events like Kumbh, Chhath and events like World Culture Festival subject to reasonable restriction and environmental concerns.

“It is most respectfully submitted that power and authority to interpret provisions of the Constitution only rests with Supreme Court or various High Courts. It is submitted that National Green Tribunal Act 2010 does not empower this tribunal with the writ jurisdiction power of the High Courts and thus NGT is not competent to interpret the Constitution read along with any other law in operation,” the plea said.