Supreme Court slams TN Pollution Control Board over delay in plea against Isha Foundation: ‘When State comes belatedly, we become suspicious’

While Justice Kant said the Tamil Nadu Government has a right to see that all requisite clearances are in place, he pointed out that the state had only said in its plea before the High Court that the sewage plant is not functioning. In that respect, he added, “Your show cause notice is totally misconceived.”

“Make sure the sewage plant (and) all environmental norms are complied with. But you can’t be allowed to demolish a construction which was raised before your open eyes,” said Justice Kant, and added, “It is not a small hutment, it’s a construction running into lakhs of square yards.”

The counsel appearing for the pollution control board said when the application for the construction was made, it appeared that the construction was yet to be done. “That’s why when we gave the approval in 2012 we said it will be subject to getting environmental clearance. Then they come back and say we don’t require an EC because of a notification (exempting educational institutions from the requirement of environmental clearance).”

The Tamil Nadu Government had opposed the Foundation’s claim that it fell within the definition of an educational institution. Referring to this, Justice Kant asked, “How do you say a yoga centre is not an educational institution? … The High Court has answered against you. Let’s proceed on the premise that it was wrongly answered. What is your explanation for not coming here for two years?”

When the Tamil Nadu Government said the problem was that the matter kept shuttling between two departments, the bench said it understood the reasons for the delay and added that since the centre has now been constructed, the state should focus on ensuring that all environmental parameters are followed.

“Now that the yoga centre has been constructed — it’s not that you are saying it’s dangerous to human habitation or any other thing. Your concern now must be to ensure that all environmental parameters are complied whether it’s sewage plant, natural light, fresh air, greenery… Anybody is obligated to comply with these.”

Appearing for the Foundation, Senior Advocate Mukul Rohatgi said it had all municipal approvals and the real issue was something else. “We have municipal approvals, we have all other approvals. They are only talking about EC, I have municipal sanction… There is something more between the lines.”

Rohatgi said construction has been done only on 20 per cent of the land, and the rest has been left green. “It is one of the best yoga and meditation centres in India.”

With the state seeking more time to respond, the court finally adjourned the matter.