The Supreme Court on Friday slammed the Tamil Nadu Pollution Control Board for moving after two years against an order that quashed a showcause notice issued against Isha Foundation for allegedly flouting environmental norms.
A bench of Justice Surya Kant and Justice N Kotiswar Singh termed the petition filed by the TNPCB as a "friendly match" played by bureaucrats wanting the apex court's stamp on the petition's dismissal.
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"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.
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The showcause was issued to the foundation for constructing buildings between 2006 and 2014 without reportedly obtaining mandatory environmental clearances but the Madras High Court quashed it.
Justice Surya Kant further told the state's law officer, "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 challenge 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 top court told state advocate general PS Raman that now that Isha Foundation had constructed a yoga and meditation centre in Coimbatore district's Velliangiri, the state must ensure 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," it said.
Senior advocate Mukul Rohatgi, appearing for Isha Foundation, urged the top court to hear the matter after Shivratri, saying a major function was scheduled to be held there.
"We have all necessary approvals. They are talking only about environmental clearance. The yoga centre is 80% green. It's one of the best centres in India," he said.
The Madras High Court said the court was right in its view on the claim of Isha Foundation that it is covered under the notification of the Centre for an educational centre.
When asked about the delay, Raman said the matter was stuck between two state departments.
The bench posted the matter for hearing post Shivratri.
On Dec. 14, 2022, holding that the facilities set up by Isha Foundation in Coimbatore would fall under the education category, the high court set aside the TNPCB notice.
The high court quashed the notice dated Nov. 19, 2021, and allowed the plea of Jaggi Vasudev's Isha Foundation.
The showcause notice was over construction of buildings in the foothills of Velliangiri without prior environmental clearance.
The Centre had informed the high court that the foundation was imparting yoga lessons aside from running a school and it fell under the education category.
The high court considered the submission and said the yoga centre squarely fell under the definition of educational institution and therefore the constructions would be entitled to exemption from the requirement of obtaining environmental clearance.
In January 2022, the foundation moved court challenging the showcause notices issued by the TNPCB for prosecution but the state contended otherwise.
Even if it was to be construed as an educational institution, the same would apply for around 10,000 square metre alone of the over 2 lakh square metre of the foundation premises, the state argued.
During the pendency of the case, the Centre issued a memorandum on May 19, 2022, defining educational institution to cover even institutes that impart training on things essential for mental, moral, and physical development.
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