In a relief to the Isha Foundation, the Supreme Court refused to interfere with a Madras High Court order quashing notices of the TN pollution body over the alleged violation of environmental norms and ordered no against its yoga and meditation centre.
A bench of Justices Surya Kant and N Kotiswar Singh upheld the Madras High Court order quashing notices of the Tamil Nadu Pollution Control Board (TNPCB) against Jaggi Vasudev’s Isha Foundation over the construction in the foothills of Velliangiri mountains in Coimbatore without prior environmental clearance. While asking for no coercive action against the yoga and meditation centre, it asked for compliance with all the environmental norms and directions of the TNPCB.
The top court, however, said its order was not a precedent for regularising illegal construction as it ruled in the peculiar facts and circumstances of the case.
Tamil Nadu Advocate General P S Raman said the government only wanted the order not to be treated as a “permanent gate pass” and shouldn’t inhibit any future inspection of the properties, and the centre should comply with environmental norms.
- Read: SC backs Isha Foundation on yoga centre’s status, questions TNPCB’s intent
The bench said there was no immunity or exemption from compliance with environmental norms.
The court’s concern only related to the dismantling of the structure.
Senior advocate Mukul Rohatgi, appearing for Isha Foundation, said the state authorities should not be allowed to inspect the centre as the same thing would happen.
Raman said the town and country planning authorities should be allowed to carry out the inspection to prevent the construction of any other building in the area, which was in the vicinity of a protected forest.
The bench said the competent authority’s prior nod would be required in case the centre expands.
On February 14, the bench pulled up the state pollution control board for moving after two years against an order that quashed a showcause notice issued against Isha Foundation for allegedly flouting environmental norms.
It termed the petition filed by the TNPCB as a “friendly match” played by bureaucrats wanting the apex court’s stamp on the petition’s dismissal.
The showcause was issued to the foundation for constructing buildings between 2006 and 2014 without reportedly obtaining mandatory environmental clearances, but the Madras High Court quashed it.
On December 14, 2022, holding that the facilities set up by Isha Foundation in Coimbatore would fall under the education category, the high court set aside the TNPCB notice.
The high court quashed the notice dated November 19, 2021, and allowed the plea of Jaggi Vasudev’s Isha Foundation.
The showcause notice was over the construction of buildings in the foothills of Velliangiri without prior environmental clearance.
The Centre had informed the high court that the foundation was imparting yoga lessons aside from running a school and it fell under the education category.
The high court considered the submission and said the yoga centre squarely fell under the definition of an educational institution, so the constructions would be entitled to exemption from the requirement of obtaining environmental clearance.
In January, 2022, the foundation moved court challenging the show cause notices issued by the TNPCB for prosecution but the state contended otherwise.
The state argued that even if it were to be construed as an educational institution, the same would apply to around 10,000 square metres alone of the over 2 lakh square metres of the foundation premises.
During the pendency of the case, the Centre issued a memorandum on May 19, 2022, defining educational institutions to include institutes that impart training on things essential for mental, moral, and physical development.
