SC Upholds Madras HC’s Decision to Quash TNPCB’s Notices Against Isha Foundation

In a major relief to Isha Foundation, the Supreme Court of India on Friday, February 28, upheld the decision of the Madras High Court, which had quashed the show-cause notice issued to Isha Foundation. The notice had alleged that the foundation carried out construction work in Coimbatore between 2006 and 2014 without obtaining environmental clearance.

A division bench of Justices Surya Kant and N. Kotiswar Singh dismissed the plea moved by the Tamil Nadu Pollution Control Board (TNPCB) challenging the Madras High Court’s decision. The court ruled,"We have heard the AG of Tamil Nadu for the board, Senior Advocate Mukul Rohatgi for Isha Foundation, and the Solicitor General on behalf of the Union of India. Regardless of the 637-day delay in filing the petition, we have heard them on merits. In our considered view, no case for interference with the impugned High Court judgment, to the extent of protecting the existing structure of the yoga centre set up by Respondent No. 1, is made out".

While upholding the view taken by the High Court of Madras, the court added," There shall be no coercive action against Isha Foundation insofar as the construction of the Isha Yoga and Meditation Center is concerned. As regards compliance with environmental laws, the centre shall comply with all applicable laws and take necessary steps. In light of the above, we dispose of the SLP."

Furthermore, the court also clarified that any further expansion of the Isha Foundation would require prior permission from the competent authority.

Previous Hearing

The Supreme Court had 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. A bench of Justices Surya Kant and N Kotiswar Singh questioned TNPCB asking," 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. ."

The court further emphasised that if the board were to claim that the construction posed a danger to human habitation. The focus must be on ensuring compliance with environmental parameters such as sunlight, greenery etc. "

In view of this, Senior Advocate V. Giri had sought additional time.

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