'Filing Plea After Delay Of Two Years?' SC Pulls Up TNPCB in Isha Foundation Case

The Supreme Court on Friday, 14 February, pulled up the Tamil Nadu Pollution Control Board (TNPCB) for a two-year delay in challenging the Madras High Court’s quashing of a show cause notice issued to Isha Foundation.

The show cause notices were issued to the Isha Foundation, alleging that it had carried out construction work in Coimbatore between 2006 and 2014 without obtaining environmental clearance.

A bench of Justices Surya Kant and N Kotiswar Singh questioned TNPCB saying," What prevented authorities from approaching this Court in time? Why this particular state is before us on this particular issue after such a delay?"

In response, Senior Advocate V. Giri, appearing for TNPCB, admitted that the matter required further explanation for the delay.

While criticising the petition, Justice Surya Kant termed it as a friendly match played by bureaucrats seeking the Supreme Court’s stamp on its dismissal. He said," These bureaucrats, they want a stamp of the supreme court and high court and then they say the courts are so obnoxious they have dismissed our case."

When Senior Advocate V. Giri pressed for filing a better affidavit, the court objected to it saying "Should we start accepting these so-called better affidavits and condone a delay of 637 days? Why should an ordinary litigant be deprived of such leniency? Why do affluent litigants get special treatment? If we accept this, where will the common man go?" the Bench asked.

Addressing the delay, the Advocate General of Tamil Nadu P S Raman told the court that the matter kept on moving from one desk to another, which eventually led to the delay.

The court then remarked, " Even then how can you say a yoga centre is not an educational institution? If you are raising concerns, the only legitimate ground should be whether environmental parameters are being followed. You can take action against any institution college, hospital, or yoga centre. If they fail to comply with sewage treatment norms. But your show-cause notice is misconceived. ."

Further, the court clarified that even in such a case, if you claim that it is dangerous to human habitation. The focus must be on ensuring compliance with environmental parameters such as sunlight, greenery etc. "However, you are questioning the nature of the habitation itself," the bench noted.

Senior Advocate V. Giri then sought some time.

To this, Senior Advocate Mukul Rohatgi, appearing for Isha Foundation, said, "Lordship please keep it after two weeks, we have a major festival Mahashivratri celebration."

He further told the Bench that the foundation has all the necessary municipal approvals. He added that it is one of the best yoga and meditation centres in India

In view of this, the bench accordingly posted the matter hearing after Shivratri.

Case Title: Tamil Nadu Pollution Control Board v. Isha Foundation