In a relief to Isha Foundation, the Supreme Court upheld the Madras High Court’s decision to quash notices issued by the Tamil Nadu pollution board over alleged environmental violations, ruling against any action on its yoga and meditation centre.
Justices Surya Kant and N Kotiswar Singh of the Supreme Court upheld the Madras High Court’s ruling that dismissed Tamil Nadu Pollution Control Board (TNPCB)’s notices against Jaggi Vasudev’s Isha Foundation for alleged unauthorised construction in the Velliangiri foothills in Coimbatore. While protecting the yoga and meditation centre from coercive action, the court emphasised adherence to environmental regulations and TNPCB directives, according to a PTI report.
However, the top court emphasised that its decision was case-specific and should not be interpreted as a precedent for legitimising illegal constructions.
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.
The bench, on February 14, reprimanded 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 described the petition filed by the TNPCB as a "friendly match," suggesting that bureaucrats merely sought the Supreme Court’s approval for its rejection.
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 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 educational institution and therefore the constructions would be entitled to exemption from the requirement of obtaining environmental clearance.
The foundation approached the court in January 2022 to contest the showcause notices issued by the TNPCB for prosecution, but the state argued against it.
Even if it was to be construed as an educational institution, the same would apply for around 10,000 square metre alone of the over 2 lakh square metre of the foundation premises, the state argued.
During the pendency of the case, the Centre issued a memorandum on May 19, 2022 defining educational institutions to cover even institutes that impart training on things essential for mental, moral and physical development.
(With inputs from PTI)
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