The Supreme Court on Friday slammed the Tamil Nadu Pollution Control Board (TNPCB) for the delay of two years in challenging a Madras HC order quashing a show cause notice against Sadhguru’s Isha Foundation over the construction of various buildings between 2006 and 2014 at Velliangiri hills, Coimbatore.
A bench of Justice Surya Kant and Justice N Kotiswar Singh termed the petition filed by the Tamil Nadu Pollution Control Board (TNPCB) as a “friendly match” played by bureaucrats wanting the apex court’s stamp on the petition’s dismissal. The bench questioned the delay of over two years in challenging the High Court’s order passed in December 2022.
“What prevented authorities from approaching this Court in time? When State comes belatedly, we become suspicious,” Justice Surya Kant asked Senior Advocate V Giri who was representing TNPCB. “You can’t be allowed to demolish construction which was raised before your eyes,” Justice Kant said.
The court also asked how the board could argue that the Yoga Centre is not an educational institution. The bench added that now that the Yoga Centre has been constructed, the authorities must ensure that all environmental parameters are complied with. “Sunlight, greenery, raise those issues. Everybody is obligated to comply with that,” the court said.
Senior Advocate Mukul Rohatgi, appearing for Isha Foundation, asserted that the construction had all clearances. “We have approvals. They are talking only about EC. Only 20% is constructed, 80% is green. It’s one of the best centres in India. We can take your lordships on a public tour,” Rohatgi said.
Notably, Tamil Nadu Pollution Control Board had issued a show cause notice to Isha Foundation in November 2021 alleging that it carried out construction work without mandatory environmental clearance as per the Central Government’s Environment Impact Assessment Notification, 2006.
However, the Isha Foundation moved Madras High Court against the notice, saying that it has been carrying out construction activities since 1994, much before the cited Rules were framed. It also contended that the Yoga Centre falls under the category of educational institution, and as per a clarification by central govt, all educational institutions, industrial sheds and hostels are exempt from the requirement of obtaining mandatory environmental clearance before starting construction work.
While the state govt had opposed the plea, the central govt had supported it, saying that Isha Foundation was exempted from the requirement, as it was engaged in promoting education. The High Court quashed the show cause notice in 2022, agreeing that since Isha Foundation was carrying on construction work for promoting group development activities and for promoting yoga, it can be considered as an ‘educational institution’, and therefore it is exempted from the requirement of obtaining prior environmental clearance.
The matter has been adjourned for now and will be heard after Shivratri.
