Karnataka High Court Permits Isha Yoga Centre To Unveil Adiyogi Statue Near Nandi Hills, Bars Any Construction Activity

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi though accepted the statement of the Centre as an undertaking that no alleged activity of deforestation or any alleged construction, except that which is necessary for the scheduled function will be carried out.

Senior Advocate Udaya Holla appearing for the Centre submitted that the function scheduled on January 15 is likely to be attended by certain high level dignitaries and day and time is fixed as per the convenience of the dignitaries. The consent of dignitaries was sought for this particular date and time much prior to filing of petition.

The bench taking into account the urgency pressed into said “As scheduled programmed is at a distance of one day the interim order may cause some prejudice to R16. As such considering the above referred facts, we clarify that our order dated January 11, will not come in the way of R16, for the scheduled function of January 15.”

The bench had on January 11, by way of interim order directed the Centre to maintain status quo on the construction activity being carried out by it near Nandi Hills in Chikkaballapura.

The court gave the direction while hearing a public interest litigation filed by Kyathappa S and others, who are native agriculturist and permanent residents of Chikkaballapura Taluk.

The petitioners allege that the authorities have "allowed" the Isha Yoga Centre to destruct and deface entire ecosystem, environment and natural rain water streams, water bodies, water feeder streams in Foot Hill of Nandi Hills and Narasimha Devaru Range (Betta) NDB in utter violation of environmental laws, which has direct impact on the living, livelihood, cattle, sheep, forest animals, in the region.

The court permitted the petitioners to amend their petition within a week to allow them to raise a challenge to the notification issued by the government granting land to the Isha Yoga Centre and for raising additional grounds. The court added that on carrying out the amendment to the petition, notice be issued to the respondents returnable in three weeks.

The plea alleges that the core area and Green Belt Zonal Area of Avalagurki, as it was earlier, is being used by Isha Yoga Centre in utter violation of the Zonal Regulations. The authorities are keeping quiet and it indicates the command and influence of the Isha Yoga Centre in this regard, it adds.

It also alleges that Deputy Commissioner, Assistant Commissioner, Tehsildar, Chikkaballa-pura Urban Development Authority have passed illegal orders contrary to the statutes to favour Isha Yoga Centre.

The petition prays for calling of entire records in respect of the lands in Avakagurki and seeks a direction for initiation of appropriate proceedings for protection of the Nandi Hill range.

It also seeks a direction against Isha Yoga Centre to not proceed with defacing, damaging the "ecosystem, terrain of the Hill range in Avalagurki"

Case Title: Kyathappa S & others v. The Secretary & others

Case No: 312/2023