Madras High Court Orders Action Against Constructions By Isha Foundation In Coimbatore Village If Found To Be Unauthorised

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu took note of the status report filed by the Special Government Pleader informing the court that neither no-objection certificates nor permissions were obtained by the Isha Foundation.

“Mrs.R.Anitha, learned Special Government Pleader, has placed on record the status report about the no objection certificates and permissions not being obtained by respondent no.12 (Isha Foundation). The Joint Director, District Town and Country Planning, shall consider the documents that may be placed by the petitioner and respondent no.12 and shall verify about the permissions in force and if the same is not in order, shall take further steps expeditiously with regard to the building that may not be constructed in accordance with the plan and the no objection certificate,” the court directed.

The court made the above directions in a plea filed by the Vellingiri Hill Tribal Protection Society. The Society which was established to protect the Vellingiri Hills from encroachment and to conserve the natural resources approached the court claiming that the Isha Foundation had carried on construction without getting approval from the District Collector, Hill Area Conservation Authorities, Fire Department, Pollution Control Department, etc.

The society contended that as per Section 4(3) of the Panchayat Building Rules 1997, no site shall be used for the construction of buildings intended for public worship or religious purposes without the approval of the District Collector. Further, it was also submitted that as per Section 25, the Executive Authority of the Panchayat shall not grant approval for the construction of public buildings without consulting the Town and Country Planning Department.

The Society submitted that Isha Foundation has been unauthorisedly constructing public buildings since August 2016 without getting approval of the authorities and not having obtained clearance of the Hill Area Conservation Authority. It was also submitted that due to the unauthorised construction, the catchment area of Noyyal River, which was the lifeline for Coimbatore and Tiruppur District was being obstructed/destroyed.

It was further submitted that due to the constructions built by Isha Foundation during the past 10 years, the wildlife has been facing a massive threat. The society submitted that due to the construction being carried out at night, the wild animals were getting scared and started fleeing to the cultivating land thereby causing huge losses.

Thus, it was contended that due to the failure of the authorities in preventing gross violations, huge loss was being caused not only to the environment but to the payer’s money which is spent/paid as compensation to the victims affected by mammoth damage done to the nature and ecosystem.

The court was also informed that though a representation was made to the authorities to take action against the Isha Foundation and to stop further construction and demolish already constructed portions, the respondents did not take any action.

The Deputy Director, Town and Country Planning, in the Status Report, informed the court that on perusing the records of the Ikkarai Poluvampatti Village, it was verified that no approval was found to have been obtained by the Foundation for its constructions.

It was then, that the court directed the authorities to look into the matter and take necessary steps.

Case Title: Vellingiri Hill Tribal Protection Society v Union of India and Others

Citation: 2023 LiveLaw (Mad) 241

Counsel for the petitioner: Mr.M.Purushothaman

Counsel for the respondents: Mr.B.Sudhir Kumar, SPC, Mrs.R.Anitha, Spl.G.P. Ms.S.Shanmugavalli Sekar, Ms.A.M.Amutha Ganesh for M/s.Nortan & Grant

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