Madras HC quashes TNPCB order against Jaggi’s Isha Foundation

The show cause notice contended that the foundation had constructed the buildings in the foothills of Velliangiri in Coimbatore district without obtaining prior environmental clearance from the authority concerned.

Earlier, the Union government informed the bench that the foundation is imparting Yoga, besides running a school and hence, it would fall under the ambit of ‘education’.

In view of the stand taken by the Centre, the yoga centre will squarely fall under the definition of ‘educational institution,’ and hence, the constructions would be entitled to exemption from the requirement of obtaining environmental clearance, the bench said.

The foundation had approached the court in January this year challenging the steps taken by the TNPCB for prosecution.

The State said that the foundation will not come under the purview of educational institutions. Even if it was to be construed as an educational institution, the same would apply for around 10,000 square metres alone of the over two lakh square metres of the foundation premises.

During the pendency of the matter, the Centre issued a memorandum on May 19 this year defining ‘educational institution’ to cover even institutes that impart training on things essential for mental, moral and physical development. Since such a definition was in its favour, the foundation amended its prayer and challenged TNPCB’s action alone, which is now granted by the bench.