New Delhi: The Supreme Court on Friday (February 14) pulled up the Tamil Nadu Pollution Control Board (TNPCB) for a delay of two years in challenging a Madras High Court order quashing a showcause notice issued to Isha Foundation for having constructed various buildings between 2006 and 2014 at Coimbatore without mandatory environmental clearance.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh said that the petition filed by the TNPCB was a “friendly match” played by bureaucrats wanting the stamp of the Supreme Court on the dismissal of the petition.
What prevented authorities from approaching the court on time, apex court asked
“Mr advocate general what prevented the authorities from approaching the court on time. There is a delay of 637 days in filing this petition, which is nearly two years. This is actually a friendly match where the bureaucrats want the stamp of the Supreme Court and the high court on dismissal of the petition,” the bench said.
Advocate General told the bench that the delay in approaching the apex court challenging the High Court order was not intentional and it was because of the reason that the matter kept going between some or other departments.
Madras High Court set aside showcause notice in December 2022
The showcause notice issued by the TNPCB sought to know why prosecution should not be initiated for constructing various buildings between 2006 and 2014, saying that the Isha Foundation had constructed the buildings in the foothills of Velliangiri without obtaining prior environmental clearance.
The High Court on December 14, 2022 quashed the TNPCB notice issued dated November 19,2021 and had allowed a petition moved by Isha Foundation run by ‘Sadhguru’ Jaggi Vasudev, saying that the facilities set up by Isha Foundation in Coimbatore would fall under the ‘education’ category. The Centre had told the High Court that the Foundation was imparting yoga lessons and running a school and hence, it would fall under the ambit of ‘education’.
How can you say a yoga centre is not an educational institution, apex court bench asked
“When the state comes belatedly, we become suspicious. We start reading between lines. How can you say a yoga centre is not an educational institution? If they are not going as per plan, then you can assail the non-compliance but you can’t be allowed to demolish the structure constructed in over a lakh yards. It is not some kind of hutment,” the bench told the state Advocate General.
The top court told the state Advocate General that now that a yoga and meditation centre was constructed by the Foundation, the state must ensure that there was environmental compliance.
“Now that a yoga centre has been constructed and you are not saying that it is dangerous, then your concern must be to ensure that all environmental parameters are complied with like sunlight, greenery, sewage treatment plant. You can raise those issues. Everybody is obligated to comply with these norms,” the bench said.
We have municipal sanction and environmental clearance: Isha Foundation
Senior advocate Mukul Rohatgi, who appeared for Isha Foundation, told the bench that the Foundation has the municipal sanction and environmental clearance and that only 20 percent is construction and rest 80 percent is green and it is one of the best centres in India.
Rohtagi urged the bench to hear the matter after after Shivratri, saying a major function was scheduled to be held.
The bench adjourned the matter and posted it for hearing after Shivratri.
