Karnataka High Court Dismisses PIL Challenging Isha Yoga Centre's Construction Activities Near Nandi Hills

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the petition and said the reasons would be recorded separately.

During the hearing, the court was informed about the criminal cases registered against petitioners. It was argued that material facts have been suppressed from the court while claiming relief.

“We are only expecting that if a petitioner is approaching the court and submitting and saying that he is espousing a public cause, he should approach the court with clean hands. That is the minimum expectation," said the court. 

The counsel for the petitioners tried to defend by providing details of the cases and circumstances under which the cases have been registered. However, the court said it would not undertake the exercise of scrutiny of the circumstances.

“If Somebody is not disclosing material facts and then approaching the court that I am a whistleblower and action should be taken against Mr X because he is a wrong doer, the court expects that if you are raising a finger to Mr X there are already two fingers raised to yourself, therefore you should be a person of such a character that he can say yes I am coming to court with clean hands and I have a right as a vigilant citizen and moral right to ask Mr X, don’t do this thing. On this principle, law expects ... it is not something which is an atomic formula,” it said.

On January 11, the court while hearing the petition filed by Kyathappa S and others had directed Isha Yoga Centre to maintain status quo on the construction activity being carried out by it near Nandi Hills. By its order dated January 13, the court had permitted Isha Yoga Centre to go ahead with the function scheduled on January 15 for unveiling the 112-ft tall bust of Adiyogi Shiva at the Isha Yoga Centre.

The petitioners had claimed 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, they had argued.

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

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

Case No: 312/2023

Citation: 2023 LiveLaw (Kar) 49.

Appearance: Advocate M Shivaprakash for petitioners.

Senior Advocate Udaya Holla for R16.