Madras High Court Issues Notice On Plea Alleging Discharge Of Untreated Sewage & Effluents By Isha Foundation

The bench of Justice SS Sundar and Justice N Senthilkumar have issued notices returnable by March 27. In the meanwhile, the court has directed government officials to ensure that no sewage waste is discharged into the neighboring agricultural lands by the Foundation.

The petitioner, one ST Sivagnanan, submitted that his agricultural land, measuring around 20 acres is situated adjacent to the 295 acre land owned by Isha Foundation where the Isha Yoga Centre has been constructed.

Sivagnanan argued that the Ashram did not have a proper sewage connection and no arrangements had been made by the Ashram to treat or dispose of the sewage waste hygienically. He informed the court that the sewage was mostly taken out through underground pipelines and let out in surrounding areas including the vacant private properties nearby.

He further submitted that since 2017, the Foundation had been letting out untreated sewage water into his properties and whenever a complaint was made, the Foundation would temporarily suspend the discharge of sewage only to resume it sometime later. He added that due to this accumulation of unfiltered sewage, there was a serious health hazard in his agricultural land as his crops and animals ended up suffering from airborne and waterborne diseases.

Sivangnanan also submitted that though requests and representations were made to the Foundation's management and the concerned authorities, no action had been taken to date. Later, when a police complaint was made, the Inspector of Alandurai Police Station informed him that action would be taken against him after making proper inquiries and obtaining an explanation from the 1^st respondent. However, there was no follow-up action and the investigation was also not completed.

He further submitted that while the situation prevailed so, and the Foundation continued its activities destroying the ecosystem, the foundation has now planned to celebrate Maha Sivarathri Pooja on 8^th March inviting lakhs of people which will increase the damage. He added that the damage to the health and safety of the people in the locality as well as the animals in the nearby reserved forest areas will be grave and irreparable.

Thus, Sivanganan approached the court seeking an injunction restraining the Foundation from discharging sewage into his property and direction to the authorities concerned to take appropriate action against the Foundation. Sivanganan also prayed the court to not grant any license/permission to the Foundation to conduct festivals or fathering without making proper arrangements for sewage discharge.

Case Title: ST Sivagnanan v The State of Tamil Nadu and others

Case No: WP 5813 of 2024