TN Pollution Control Board moves Supreme Court to restore show cause notice against Isha Foundation

The Tamil Nadu Pollution Control Board (TNPCB) has moved the Supreme Court challenging a 2022 Madras High Court decision to quash a show cause notice issued against Isha Foundation run by 'Sadhguru' Jaggi Vasudev, over constructions at its Coimbatore campus [Tamil Nadu Pollution Control Board v. Isha Foundation]..The show cause notice had been issued against Isha Foundation in 2021 for carrying out construction work at Coimbatore between 2006 to 2014 without certain environmental clearances.In December 2022, the Madras High Court held that since the Isha Foundation undertakes group development activities and runs a yoga centre, it will be considered an educational institute and will therefore, be entitled to the exemption granted by the Central government from seeking prior environmental clearance for construction activities.A Bench of Justices Surya Kant and NK Singh briefly heard the appeal filed by the TNPCB against this High Court ruling today. .During the hearing, the Bench orally observed that there appeared to be nothing wrong with the Madras High Court's view that it was not bound by a Kerala High Court's decision to stay the Centre's notification relaxing environmental clearances for certain projects."How will stay granted by Kerala High Court take away jurisdiction of another Court? Madras High Court is correct," the Court remarked."We will file a better affidavit," replied Senior Advocate V Giri, representing the TNCPB..The Bench noted that it cannot afford to take such a lenient view generally, particularly when appeals have been filed after considerable delay. In this matter, there was a delay of over 600 days in challenging the Madras High Court's 2022 judgment, the Court noted."If we start accepting better affidavits and accept 633 plus days delay then why should poor litigants be deprived of this? Why should affluent litigants be only heard and where will common litigant go to? When State comes so late then we become auspicious," Justice Kant remarked..The judge also questioned whether there were sufficient grounds for the TNPCB to seek the demolition of structures already put up by the Isha Foundation."You have only said sewage plant is not working. You cannot be allowed to demolish a construction which was built in front of you and it is built upon lakhs of square yards," he observed..Advocate General PS Raman assured the Bench that the delay in approaching the Supreme Court was not intentional."Delay is because matter kept going between some or other departments. When it came to me, I cleared it immediately," he said.This led Justice Kant to reminisce about similar difficulties he had faced back in his years in legal practice when he was serving as an Advocate General (AG) for the State of Haryana."When I was AG - this was in 2001-2002 - due to delay, cost was imposed which was about ₹25,000. It was for not filing written statement. I told him, why was I not informed? Then I came to know the person who came to assist my department was the petitioner. So I have full sympathy," Justice Kant said..Senior Advocate Mukul Rohatgi, who represented the Isha Foundation, too recounted that he has faced such issues many times during his time while serving as the Attorney General for India.The Court eventually agreed to adjourn the matter after Senior Advocate Giri again sought some time.Rohatgi suggested that the matter be kept after Shivaratri. He added that there is more to the case than what meets the eye, and that the Isha Foundation has secured requisite clearances for its construction."I have Municipal sanction and Environmental clearence. There is more than what meets the eye. It is the best yoga institution in the country," Rohatgi said."We have not seen it," Justice Kant quipped."We can take the judges on a tour," Rohatgi replied..The matter is listed next on February 28..[Read Live Coverage]