Supreme Court Protects Isha Foundation's Yoga Centre from Demolition
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Synopsis
The Supreme Court has granted relief to Isha Foundation by halting the Tamil Nadu Pollution Control Board's actions against its Yoga Centre for past construction without a green nod, while emphasizing future compliance with environmental laws.
Key Takeaways
- Supreme Court intervenes to protect Isha Foundation.
- Construction without green nod was initiated over a decade ago.
- Future constructions must adhere to environmental regulations.
- The Foundation qualifies for exemption as an educational institution.
- Delay by TNPCB influenced the Court's decision.
New Delhi, Feb 28 (NationPress) In a significant relief for Sadhguru's Isha Foundation, the Supreme Court on Friday halted the Tamil Nadu Pollution Control Board's initiative to take stringent actions against the spiritual organization for engaging in construction in the Coimbatore hills without the necessary green clearance ten years ago.
A bench comprising Justice Surya Kant and Justice N.K. Singh provided protection against any sealing or demolition of the Yoga Centre located on the Velliangiri hills. However, they emphasized the need for the Foundation to obtain environmental permissions in accordance with the law for any future construction endeavors.
"It is imperative to understand that should there be a necessity for expansion in the future, the Respondent no.1 (Isha Foundation) must seek prior approval from the relevant authorities," the bench stated.
The bench had previously acknowledged that the Yoga Centre, which was under scrutiny from the pollution board, was entitled to an exemption from prior environmental clearance due to its status as an educational institution.
The apex court's decision to support the Foundation was also related to a two-year delay in the Tamil Nadu Pollution Control Board (TNPCB) contesting a Madras High Court ruling that favored the Foundation.
The High Court had previously annulled a show cause notice issued to the Foundation for performing construction in the Velliangiri hills between 2006 and 2014 without securing environmental clearance.
Justices Kant and Singh dismissed the Board's appeal against the High Court's ruling, clarifying that this case should not serve as a precedent for legitimizing unauthorized constructions.
The court accepted the argument from Isha Foundation's Senior Advocate Mukul Rohatgi that the construction in question commenced in 1994, well before the implementation of the Central government's Environment Impact Assessment Notification in 2006.
The TNPCB had issued a show cause notice to the Foundation on November 19, 2021, for undertaking construction work without the requisite environmental clearance as mandated by the central notification.
The Foundation argued that the structure in the Velliangiri hills was a Yoga Centre "dedicated to promoting mental development," qualifying as an educational institution exempt from the necessity of obtaining mandatory environmental clearance prior to construction.
