The Supreme Court has set aside the National Green Tribunal’s 2017 judgment holding Vyakti Vikas Kendra, India responsible for damage to the Yamuna floodplain in connection with the World Culture Festival held in Delhi in March 2016.
A Bench of Justice Satish Chandra Sharma and Justice N. Kotiswar Singh held that the material relied upon by the NGT did not establish the necessary link between the event and the alleged environmental damage. The Court also found serious shortcomings in the manner in which the expert committee reports and an interim order were treated by the Tribunal.
Background of the Case
The dispute arose from the World Culture Festival organised from March 11 to 13, 2016, on about 25 hectares of the Yamuna’s active floodplain in Delhi. The event had received permissions from the concerned authorities, including the Delhi Development Authority (DDA).
Proceedings were initiated before the NGT alleging that preparations for the event had damaged the floodplain and wetlands. On March 9, 2016, shortly before the event, the NGT allowed the programme to proceed but directed the appellant to deposit ₹5 crore as environmental compensation.
The NGT later held the appellant responsible for restoration and restitution of the portion of the floodplain allotted for the event and directed that the deposited amount be used for restoration work.
Supreme Court Examines Pre-Event Condition
The Supreme Court found that the condition of the site before it was handed over to the appellant had not been properly examined by the NGT.
The Court noted that earlier material before the Tribunal had recorded the floodplain as being in a damaged and dilapidated condition. The appellant had also informed DDA in December 2015 that substantial construction debris was lying on the allotted land, following which DDA permitted its removal.
The Supreme Court therefore held that the key question was not simply whether the floodplain was damaged, but whether the appellant’s preparations for the event caused additional damage.
The Court observed:
“The whole basis of the lis before the Tribunal was the causation of damage by the appellant and not mere existence of damage on the floodplain.”
It found that the NGT had failed to answer that central question before fastening liability.
Expert Reports Came Under Scrutiny
The Supreme Court also questioned the reliability and consistency of the expert committee reports. It noted that a later report acknowledged limitations in determining the ecological condition of the site before the event and even stated that the original ecological status could not be ascertained.
The Court further distinguished between restoration, meaning bringing an affected area back to its original condition, and rehabilitation, which involves making an ecosystem function effectively again. According to the Court, the NGT went beyond the dispute before it by directing broader rehabilitation measures.
The Bench also held that the principle of environmental liability could not be applied without establishing that the alleged degradation was attributable to the person being held liable.
Supreme Court’s Decision
The Supreme Court set aside the NGT’s judgment dated December 7, 2017, along with the consequential and interim actions taken against the appellant.
It directed the DDA to refund the ₹5 crore deposited by Vyakti Vikas Kendra, India within four weeks. At the same time, the Court made clear that the DDA’s existing responsibility for rehabilitation and management of the Yamuna floodplains remained unchanged.
The appeal was accordingly disposed.
Case Details:
Case Title: Vyakti Vikas Kendra India v. Manoj Misra (Dead) & Ors.
Case Number: Civil Appeal No. 683 of 2018
Judges: Justice Satish Chandra Sharma and Justice Nongmeikapam Kotiswar Singh
Decision Date: August 22, 2026
