New Delhi: The Supreme Court on Friday pulled up the Tamil Nadu Pollution Control Board (TNPCB) for moving before it after two years challenging an order passed by the Madras High Court, quashing a show cause notice against Isha Foundation for having constructed various buildings between 2006 and 2014.
The matter was heard by a bench comprising justices Surya Kant and Justice N Kotiswar Singh. The bench termed the petition filed by the board as a "friendly match" played by bureaucrats wanting the apex court's stamp on the petition's dismissal.
The top court told Advocate General (AG) PS Raman that now that Isha Foundation had constructed a yoga and meditation centre in Coimbatore district's Velliangiri, the state must ensure that there was environmental compliance.
“What prevented authorities from approaching this court in time? When the State comes belatedly, we become suspicious," the bench observed.
Justice Kant said the board has the right to take action and it must do so but there is one line in which it was told that the sewage plant is not properly functioning and on that the show cause notice is totally misconceived. “Issue a show cause notice and make sure that sewage plant and all environmental issues are complied with. But you cannot be allowed to demolish a construction, raised before their (board’s) eyes ….it is not a small hutment. The construction is running into lakhs of square yard”, Justice Kant told the AG.
The bench said now that the Yoga institution has been built, the state should ensure essential environmental clearances are complied with.
The AG said when they applied for the permission it is for the construction which is to be made, in fact when the approval was given in 2012, it was made clear that it will be subjected to getting environmental clearance (EC). “They said they do not need an environmental clearance”, said the AG. The bench noted that the Isha Foundation had told the authorities that it does not need clearance as it is exempted by the central government since it is an institute which fall in the category of college.
“What is your explanation of two years not coming here (to the Supreme Court)?”, the bench asked the AG. The AG said the matter kept going between two departments, and when it came to my desk, I cleared it immediately, and that is how the matter reached the apex court.
Justice Kant said now a yoga centre has been constructed, you are not saying that the construction is dangerous to human habitation and dangerous to any other thing. “Your concern must be to ensure all environmental parameters are complied with whether it is a sewage plant....natural light and fresh air, particular greenery. You should go for all those things and raise all those issues; anybody is obligatory to comply with”, said Justice Kant.
Senior advocate V Giri, also representing the petitioners, urged the apex court to hear the matter after a week, on this aspect. Senior advocate Mukul Rohatgi, representing the Isha Foundation, requested the court to keep the matter after two weeks as there are some festivals, such as Mahashivratri which will be observed on February 26 .
Giri agreed for a hearing on the matter after two weeks. “We have municipal approvals, all other approvals….only 20 percent is constructed and 80 percent is left green. I will produce photographs and it is one of the best yoga and meditation centres in India”, said Rohatgi. After hearing submissions, the bench agreed to hear the matter after two weeks.
The pollution board had issued a show cause notice against Isha Foundation for carrying out construction at its premises in Velingiri, Coimbatore between between 2006 and 2014 with environmental clearances. Isha Foundation had contended that its yoga centre fell under the category of “education” and as per the Centre’s guidelines, prior clearances were not required for the construction of buildings for educational purposes.
Isha challenged the notice in the Madras High Court. In December 2022, the high court quashed the notice taking cognisance of the Centre’s guidelines.
