New Delhi: The Supreme Court criticized the Tamil Nadu Pollution Control Board (TNPCB) for delaying its petition against Isha Foundation by nearly two years. A bench of Justice Surya Kant and Justice N Kotiswar Singh called it a “friendly match” played by bureaucrats seeking the court’s stamp on dismissal.
The case involves the construction of buildings by Isha Foundation between 2006 and 2014 without prior environmental clearances. The Madras High Court had quashed the showcause notice issued over this matter.
Justice Surya Kant questioned the state’s delay, saying, “When the state comes belatedly, we become suspicious.” He also remarked that a yoga centre should not be dismissed as a non-educational institution. The court stressed that while the structure cannot be demolished, environmental compliance must be ensured.
Senior advocate Mukul Rohatgi, representing Isha Foundation, assured that all necessary approvals were in place. He requested the court to hear the matter after Shivratri due to an upcoming event at the centre.
The court acknowledged the high court’s view that Isha Foundation falls under the education category. It noted that the Centre had defined educational institutions to include institutes that promote mental, moral, and physical development.
The Tamil Nadu government argued that even if the foundation was considered an educational institution, only around 10,000 square meters of its 2 lakh square meter premises would qualify for exemption from environmental clearance.
The showcause notice was originally issued over violations in construction at the foothills of Velliangiri without environmental approval. The state contended that the matter was delayed due to confusion between two government departments.
The Supreme Court directed the Tamil Nadu government to ensure that the yoga centre follows all environmental regulations. It emphasized the need for parameters such as adequate sunlight, greenery, and a sewage treatment plant. The bench posted the matter for hearing after Shivratri.
