The Supreme Court on Friday, 14 February 2025, slammed the Tamil Nadu Pollution Control Board (TNPCB) over its delay in challenging the Madras High Court’s 2022 order, which had quashed a show cause notice issued to Sadhguru’s Isha Foundation. The notice pertained to construction work undertaken between 2006 and 2014 at Velliangiri Hills, Coimbatore, allegedly without obtaining mandatory environmental clearance.
A bench comprising Justices Surya Kant and N. Kotiswar Singh pressed Tamil Nadu Advocate General P.S. Raman for an explanation regarding the delay. “What prevented the authorities from approaching the Supreme Court on time?” Justice Kant asked, emphasizing that the High Court order was passed nearly two years ago. He further questioned, “If we condone the delay of 637 days, why should a poor ordinary litigant be deprived of such a benefit? Why do we want to have special treatment for affluent litigants?”
Justice Kant expressed skepticism over the state’s sudden decision to escalate the matter: “Sometimes when at a belated stage a particular state comes, you see there are some things we start reading in between the lines… we have a very suspicious kind of nature… why is this particular state, on a particular issue, suddenly before us?”
The judge also addressed the basis of the impugned notice, which challenged construction undertaken between 2006 and 2014. “How do you say a Yoga Centre is not an educational institution?” he asked. He pointed out that the only legitimate concern TNPCB could raise was regarding compliance with environmental regulations, stating, “Your only legitimate cause can be if, suppose, an institute is not complying with the parameters of maintaining a sewage plant… you have a right to take action.” However, he noted that TNPCB’s case rested on a single line in the High Court order about an alleged malfunctioning sewage plant. “On that, your show cause notice is completely misconceived,” he remarked.
Justice Kant further clarified that the state could not now demand demolition of a structure that had already been constructed: “Go, issue a show cause notice, make sure that sewage plant or environmental issues are complied with… but you can’t be allowed to demolish construction which, with your open eyes, was raised (over 2006-2014). It’s a construction running into lakhs of square yards.”
Advocate General Raman explained that Isha Foundation had sought permissions as though the construction was yet to be undertaken. “In 2012, when it was given approval, the same was made subject to environmental clearance,” he stated. However, he added that the foundation later argued it was not obligated to obtain such clearance.
Representing Isha Foundation, Senior Advocate Mukul Rohatgi countered that the foundation had all necessary approvals. “We have municipal and all other approvals. They are talking only about EC [Environmental Clearance]. Only 20% is constructed, 80% is green. It’s one of the best yoga and meditation centres in India… We can take your lordships on a public tour,” he asserted.
Justice Kant then emphasized that, since the construction was already complete, the Tamil Nadu authorities should shift their focus to ensuring compliance with environmental norms. “Now that a yoga centre has been constructed, you are not saying it’s a construction dangerous… your concern now must be to ensure that all environmental parameters are complied with,” he stated. “Whether it’s a sewage plant, whether natural light, whether fresh air, or if you require a particular [amount of] greenery—you go for those things, raise those issues. Anybody is obligated to comply with [that].”
During the proceedings, TNPCB’s counsel, Senior Advocate V. Giri, sought time to file a better affidavit. However, Justice Kant rejected the request outright: “Do not file any affidavit.” The matter was then adjourned.
Background
On 19 November 2021, TNPCB had issued a show cause notice to Isha Foundation for allegedly carrying out construction without mandatory environmental clearance, as required under the Central Government’s Environment Impact Assessment (EIA) Notification, 2006.
The foundation challenged the notice in the Madras High Court, arguing that it had been constructing buildings since 1994—well before the EIA rules were introduced. Additionally, Isha Foundation claimed exemption from environmental clearance as an educational institution engaged in “promoting mental development.” The foundation cited a 2014 clarification from the Central Government stating that educational institutions, industrial sheds, and hostels were not required to obtain prior environmental clearance.
The Tamil Nadu government disputed this classification, stating that even if the foundation was considered an educational institution, only about 10,000 square meters of its total 2 lakh square meters of premises would qualify for exemption.
The Central Government, however, supported Isha Foundation’s claim. It contended that the foundation was exempt from seeking prior environmental clearance since it was engaged in education. The Centre further issued a memorandum in 2022 defining “educational institution” to include those imparting training in fields essential for mental, moral, and physical development.
During hearings, the Madras High Court scrutinized the Central Government’s stance, questioning why it was both imposing regulations and granting exemptions. Defending its position, the Centre responded that exemptions were meant to strike a balance and prevent undue harassment.
In December 2022, the High Court ruled in favor of Isha Foundation, quashing the show cause notice. It held that, as the foundation was engaged in group development activities and yoga promotion, it qualified as an “educational institution” and was therefore exempt from obtaining prior environmental clearance. The court also clarified that an interim stay issued by the Kerala High Court on similar exemptions was jurisdictionally limited and did not bind the Madras High Court.
(With inputs from LiveLaw)
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