- By Ayushi Tripathi
Supreme Court on February 14 adjourned the matter concerning the Isha Foundation’s construction activities in Vellangiri Hills, Coimbatore. The Tamil Nadu Pollution Control Board (TNPCB) had challenged the Madras High Court’s 2022 ruling, which had quashed a show-cause notice issued to the foundation for not obtaining mandatory environmental clearance for its construction work.
A show-cause notice dated November 19, 2021,against Sadguru’s Isha Foundation for carrying out construction work in Vellangiri Hills, Coimbatore district without acquiring mandatory environmental clearance was issued as per Central Government’s Environment Impact Assessment Notification 2006. Challenging this, the foundation had claimed that it had been carrying out construction activities since 1994; which is much prior to framing of these rules. It also claimed that being a yoga centre “engaged in promoting mental development”, it falls under the purview of an educational institution, which by Central Government’s 2014 clarification is exempted from obtaining mandatory environmental clearance.
As per Ministry of Environment, Forest and Climate Change; particularly under the Environmental Impact Assessment (EIA) Notification, 2006, “educational institution” refers to schools/ universities/ institutions or gurukuls imparting knowledge or training that contributes to physical, mental and moral development.
Isha Foundation’s contention was supported by Ministry of Environment and Forest’s 2022 memorandum, which exempts it from seeking prior environment clearance, as it was engaged in promoting education.
The Tamil Nadu Pollution Control Board however contended that Isha Foundation had taken over substantial construction without obtaining the requisite environmental clearances which is in violation of the 2006 EIA notification and does not fall under the scope of “educational institution.” Adding to this they said that even if the foundation was to be considered as an educational institution; it would apply only for 10,000 sq. m. out of total 2 lakh sq. m. premises of the foundation.
In 2022 High Court of Madras had quashed the impugned show-cause notice and observed that since the foundation is an educational institution and is carrying out construction work for promoting group development activities; it must be exempted from seeking prior environmental clearance. This order was however challenged by the TN Pollution Control Board at Supreme Court.
During the hearing bench questioned the petition filed by TNPCB expressing concern over delay of 2 years in challenging the High Court’s order.
J. Surya Kant expressed that the delays by states often raise suspicious. Moreover, bench also directed the Counsel representing State to give its reason why foundation being classified as educational institution. Justice Kant emphasised the importance of ensuring future environmental compliance, suggesting that the focus should now be on meeting environmental parameters for the ongoing construction.
Senior Advocate V.Giri, representing the state, requested additional time to file a better affidavit, while Senior Advocate Mukul Rohatgi, representing the Isha Foundation, argued that the premises were largely green, with 80% of the land being natural and only 20% used for construction. Rohatgi further stated that the foundation had obtained all necessary clearances and approvals, with the exception of the contested environmental clearance.
Case Title: TAMI NADU POLLUTION CONTROL BOARD v. ISHA FOUNDATION
