Supreme Court Dismisses TNPCB's Plea Against Isha Foundation, Bars Coercive Steps Against Yoga & Meditation Centre Constructions

While dismissing a petition filed by the Tamil Nadu Pollution Control Board, the Supreme Court on Friday (February 28) directed that no coercive steps should be taken with respect to the construction of Sadhguru's Isha Yoga and Meditation Centre at Coimbatore.

The Supreme Court refused to interfere with the Madras High Court order, which quashed the show cause notice issued to Sadhguru's Isha Foundation for carrying out construction work at Velliangiri hills, Coimbatore between 2006 and 2014 without obtaining environmental clearance.

The bench of Justice Surya Kant and Justice NK Singh approved the High Court's view and dismissed the TNPCB's challenge.

On the previous hearing, the bench had asked why the TNPCB challenged the order after a delay of 2 years. The bench had also orally remarked that Yoga Centre was entitled to the exemption as an educational centre.

Today, while dismissing the appeal, the Court clarified that the present case should not be treated as a precedent for regularising illegal constructions. 

It further clarified that for any future constructions, it was imperative for Isha Foundation to take prior permissions as per law. The bench stated : 

"It goes without saying that if there is any need for expansion in future, the Respondent no.1 will seek prior submission of the competent authorities" 

Advocate General of Tamil Nadu, P.S Raman was present for the TNPCB,  Senior Advocate Mukul Rohatgi, appeared for the Isha Foundation. 

Background  

A show cause notice dated November 19, 2021 was issued to Isha Foundation for carrying out construction work without mandatory environmental clearance as per the Central Government's Environment Impact Assessment Notification, 2006.

Challenging the same, the foundation approached the Madras High Court. It claimed that it was carrying out construction activities since 1994, much before the above Rules were framed. Further, being a yoga centre "engaged in promoting mental development", it contended that it fell within the purview of an educational institution and as per a clarification issued by the Central government in 2014, all educational institutions, industrial sheds and hostels were exempt from the requirement of obtaining mandatory environmental clearance prior to construction work.

The State opposed the argument that Isha Foundation fell within the scope of "educational institutions". However, it also submitted that even if the foundation was to be considered as an educational institution, the same would apply for only around 10,000 sq. m. of the over 2 lakh square metres of the foundation premises in Coimbatore.

The Central Government, on the other hand, contended that Isha Foundation was exempted from seeking a prior environment clearance, as it was engaged in promoting education. While the matter was pending, the Centre also reportedly issued a memorandum in 2022 defining "educational institution" to cover institutes that impart training on things essential for mental, moral and physical development.

In 2022, the High Court quashed the impugned show cause notice, observing that since the foundation was carrying on construction work for promoting group development activities and for promoting yoga, it came within the definition of an "educational institution" and thus was exempted from seeking prior environmental clearance. The bench also observed that an interim stay by Kerala High Court on the operation of the exemption was limited to the jurisdiction of the Kerala High Court and thus, the Madras High Court was not bound by the interim stay.

Case Title: TAMIL NADU POLLUTION CONTROL BOARD v. ISHA FOUNDATION, Diary No.57906/2024

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