'How Do You Say Yoga Centre Isn't Educational Institution?' Supreme Court On TN Pollution Control Board's Plea Against Isha Foundation

The Supreme Court on Friday (February 14) questioned the Tamil Nadu Pollution Control Board over delay in challenging the Madras High Court order which quashed the show cause notice issued to Sadhguru's Isha Foundation for carrying out construction work at Velliangiri hills, Coimbatore between 2006-2014 without obtaining mandatory environmental clearance.

A bench of Justices Surya Kant and N Kotiswar Singh probed Tamil Nadu Advocate General PS Raman over the delay, pointing out that the impugned order was passed by the High Court about 2 years back (in December, 2022).

"What prevented the authorities to approach the Supreme Court on time? If we condone the delay of 637 days (means 2 yrs) delay, why a poor ordinary litigant should be deprived of such benefit? Why do we want to have special treatment for affluent litigants? Sometimes when at a belated stage a particular state comes, you see there are some things we start reading in between the lines...we have a very suspicious kind of nature...why this particular state on a particular issue is suddenly before us?" Justice Surya Kant posed to Senior Advocate V Giri (appearing for the TNPCB).

Pointing out that the impugned show cause notice assailed construction raised between 2006-2014, the judge further remarked, "How do you say Yoga Centre is not educational institution? Your only legitimate cause can be if suppose an institute is not complying with the parameters of maintaining a sewage plant...you have a right to take action. Unfortunately, there is only one line (in High Court order) where you are saying that sewage plant is not properly functioning. On that, your show cause notice is completely misconceived. Go, issue a show cause notice, make sure that sewage plant or environmental issues are complied with...but you can't be allowed to demolish construction which with your open eyes was raised (over 2006-2014). It's a construction running into lakhs of sq. yds.".

At this point, Advocate General Raman explained that Isha Foundation sought permission as if the construction was yet to be raised and therefore, in 2012, when it was given approval, the same was made subject to environmental clearance. Later however the foundation claimed that it was not obligated to obtain EC.

Senior Advocate Mukul Rohatgi, appearing for Isha Foundation, asserted on the other hand that the foundation had all necessary approvals. "We have municipal and all other approvals. They are talking only about EC. Only 20% is constructed, 80% is green. It's one of the best yoga and meditation centres in India...We can take your lordships on a public tour," Rohatgi said.

Subsequently, as Isha Foundation's yoga centre is already constructed, Justice Kant suggested that Tamil Nadu authorities shift their focus onto ensuring that all environmental parameters are complied with.

"Now that a yoga centre has been constructed, you are not saying it's a construction dangerous...your concern now must be to ensure that all environmental parameters are complied with...whether it's sewage plant, whether natural light, whether fresh air, or if you require particular [amount of] greenery - you go for those things, raise those issues. Anybody is obligated to comply with [that]," the judge said.

Pointing out a Kerala High Court judgment which apparently quashed a notification by which exemption was granted, Giri requested time to file a better affidavit on behalf of TNPCB. But, Justice Kant categorically told him not to file any affidavit. The matter was ultimately adjourned.

To recapitulate, a show cause notice dated November 19, 2021 was issued to Isha Foundation for carrying out construction work without mandatory environmental clearance as per the Central Government's Environment Impact Assessment Notification, 2006.

Challenging the same, the foundation approached the Madras High Court. It claimed that it was carrying out construction activities since 1994, much before the above Rules were framed. Further, being a yoga centre "engaged in promoting mental development", it contended that it fell within the purview of an educational institution and as per a clarification issued by the Central government in 2014, all educational institutions, industrial sheds and hostels were exempt from the requirement of obtaining mandatory environmental clearance prior to construction work. 

The State opposed the argument that Isha Foundation fell within the scope of "educational institutions". However, it also submitted that even if the foundation was to be considered as an educational institution, the same would apply for only around 10,000 sq. m. of the over 2 lakh square metres of the foundation premises in Coimbatore.

The Central Government, on the other hand, contended that Isha Foundation was exempted from seeking a prior environment clearance, as it was engaged in promoting education. While the matter was pending, the Centre also reportedly issued a memorandum in 2022 defining "educational institution" to cover institutes that impart training on things essential for mental, moral and physical development.

During the hearings, the High Court probed the Central government as to why it was creating laws and then itself granting exemptions. Defending its position, the Centre said that it was to strike a balance and prevent harassment.

In 2022, the High Court quashed the impugned show cause notice, observing that since the foundation was carrying on construction work for promoting group development activities and for promoting yoga, it came within the definition of an "educational institution" and thus was exempted from seeking prior environmental clearance. The bench also observed that an interim stay by Kerala High Court on the operation of the exemption was limited to the jurisdiction of the Kerala High Court and thus, the Madras High Court was not bound by the interim stay.

Case Title: TAMI NADU POLLUTION CONTROL BOARD v. ISHA FOUNDATION, Diary No.57906/2024