SC Pulls Up TNPCB For Filing Plea After 2 Yrs Against Order Quashing Notice To Isha Foundation

The Supreme Court, in a pointed rebuke, admonished the Tamil Nadu Pollution Control Board (TNPCB) for its protracted delay in contesting a Madras High Court ruling that annulled a show cause notice issued to the Isha Foundation regarding unauthorized construction between 2006 and 2014.

The judicial panel, consisting of Justice Surya Kant and Justice N Kotiswar Singh, characterized the TNPCB’s petition as a procedural exercise designed to seek judicial validation of a predetermined dismissal.

Advocate General PS Raman was instructed by the bench to ensure that, given the established presence of Isha Foundation’s yoga and meditation center in Coimbatore district’s Velliangiri, the state rigorously enforces compliance with environmental regulations.

Representing Isha Foundation, Senior Advocate Mukul Rohatgi petitioned for a deferment of proceedings until after Shivratri, citing an impending large-scale religious observance. The court assented, rescheduling the hearing accordingly.

Previously, on December 14, 2022, the Madras High Court determined that the infrastructural developments undertaken by Isha Foundation were congruent with the definition of ‘education’ and thereby overturned the TNPCB’s showcause notice dated November 19, 2021. The original notice had contended that the foundation’s constructions had been executed without obtaining the requisite environmental clearance.

Furthermore, the Union government had earlier affirmed before the High Court that the foundation was engaged in imparting yoga instruction and operating an educational institution, thereby substantiating its classification under the ‘education’ category.

This stance ultimately influenced the court’s decision to invalidate the regulatory action initiated by TNPCB.

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