SC Raises Concerns Over Delay in Tamil Nadu PCB’s Challenge to Isha Foundation’s Building Project.
The Supreme Court has decided to hear the Tamil Nadu Pollution Control Board’s (TNPCB) appeal regarding the cancellation of its show cause notice to Isha Foundation. This notice was issued because the Foundation allegedly conducted construction work in Coimbatore from 2006 to 2014 without the required environmental clearance (EC). The issue began with a notice from TNPCB on November 19, 2021, claiming that Isha Foundation did not obtain EC as required by the Environment Impact Assessment (EIA) Notification of 2006.
During the hearing, Justices Surya Kant and N.K. Singh raised concerns about the delay in the appeal, questioning why the authorities waited so long to come to court. Justice Kant stated, “What stopped the authorities from coming to this Court sooner? Over 600 days have passed, which is more than 2 years… When the State comes late, it raises doubts.” Senior Advocate V. Giri, representing TNPCB, requested to submit a more detailed affidavit. However, Justice Kant warned against giving priority to cases involving wealthy parties, saying, “If we start accepting better affidavits… why should the cases of wealthy parties be heard first?”
During the session, Advocate General P. S. Raman, representing Tamil Nadu, argued that the Isha Yoga Centre should not be considered an educational institution. The Bench responded that if the Centre was built with the necessary approvals, it should not be demolished just for minor technical issues. Justice Kant noted, “Now that a yoga centre exists, your focus should be on ensuring it meets environmental standards—like sunlight and greenery—these are important for everyone to follow.”
Senior Advocate Mukul Rohatgi, representing Isha Foundation, stated that the organization had received all necessary approvals and that the issue at hand was solely about environmental clearance. He mentioned, “Only 20% of the land is built on, while 80% remains green. It is one of the finest centers in India. We can even arrange a public tour for your Lordships.” Following the request from the lawyers, the Court postponed the case and set a new hearing date after Mahashivratri.
Isha Foundation contested this notice in the Madras High Court, claiming that its construction began in 1994, before the 2006 EIA Notification. The foundation argued that as a yoga center focused on “promoting mental development,” it should be considered an educational institution, which is exempt from EC requirements according to a 2014 clarification from the Central Government. While the Tamil Nadu government disagreed with the classification of Isha Foundation as an educational institution, the Centre backed the exemption. On December 14, 2022, the Madras High Court annulled the show cause notice, determining that Isha Foundation’s activities met the criteria for an educational institution. The Court also noted that an interim stay from the Kerala High Court regarding the exemption did not apply outside Kerala.
The Isha Foundation is working on a project to build a yoga center with a total area of 1,25,800.41 sq.m. on a plot of 4,87,418.59 sq.m. This project includes different types of housing, a school, and a meditation hall. Our findings show that the yoga center qualifies as an educational institution. This means the petitioner can benefit from an exemption from needing environmental clearance for buildings built before 2006 and after 2014, according to the amended notification from 22.12.2014. Since this has been agreed upon by the first respondent, the notice to prosecute the petitioner is not legally valid. Therefore, the High Court has allowed the writ petition and canceled the notice.
Cause Title: Tamil Nadu Pollution Control Board (TNPCB) v. Isha Foundation [Diary No. 57906/2024]
