The Supreme Court on Friday refused to interfere with the December 14, 2022, Madras High Court order quashing the show-cause notice issued to Isha Foundation over the construction of its yoga and meditation centre and disposed of an appeal filed by the Tamil Nadu Pollution Control Board (TNPCB) challenging the order. “In our considered view, no case to interfere with the impugned judgement of the High Court to the extent of protecting the existing structure of yoga and meditation centre set up by.Isha Yoga Foundation. Consequently, there shall be no coercive action [against the foundation]…so far as construction of building of Isha Yoga and Meditation centre is concerned,” a bench of Justices Surya Kant and N K Singh said. The court clarified that its order as well that of the high court is “keeping in mind the peculiar facts and circumstances of the case and will not be taken as a precedent to regularise any illegal or unauthorised construction in future”. The TNPCB had urged the court to permit the inspection of the premises by the Directorate of Town and Country Planning “to check the quantity of construction which they have done”. Appearing for TNPCB, Advocate General P S Raman said, “If it is within the limits of what has been sanctioned, we will have no grievance.” Senior Advocate Mukul Rohatgi, appearing for the Foundation, opposed the request saying it will be the start of another round of action against the Centre. The court then added in its order, ‘‘It goes without saying that if there is any need for expansion in the future”, the Foundation “will seek prior sanction of the competent authority”. At the last hearing on February 14, 2024, the Supreme Court had questioned the delay of over two years in filing the appeal, saying “when State comes belatedly, we become suspicious”. The pollution control board had issued the notice on November 19, 2021, alleging that construction work was carried out at the centre in Velliangiri hills, Coimbatore, between 2006 and 2014 without obtaining environmental clearance.
