‘Filing petition after such delay suspicious’: SC raps TN Pollution Board for challenging Madras HC order in Isha Foundation case after 2 years

The Madras High Court quashed Tamil Nadu Pollution Board's showcause notice to Isha Foundation in 2022. TNPCB charged construction activities were carried out in Isha Foundation without prior clearances

Jaggi Vasudev Jaggi Vasudev | AFP

The Supreme Court on Friday questioned the Tamil Nadu Pollution Control Board’s move to file a plea challenging the Madras High Court’s order quashing its notice to Jaggi Vasudev’s Isha Foundation after two years. The apex court adjourned the matter for hearing after Shivarathri after the state’s counsel sought time to file a better affidavit.

Hearing the TNPSCB’s plea, a bench comprising Justices Surya Kant and N. Kotiswar Singh said the move to file a petition after two years raises suspicions. The bench also termed the petition as a "friendly match" played by bureaucrats wanting the Supreme Court’s stamp on the petition's dismissal, PTI reported.

“What prevented authorities from approaching this Court in time? When State comes belatedly, we become suspicious," the bench observed. The bench noted that the board cannot be allowed to demolish a construction which was raised before their eyes and now that the Yoga institution has been built, the state should ensure essential environmental clearances are complied with.

The pollution board had issued a showcause notice against Isha Foundation for carrying out construction at its premises in Velingiri, Coimbatore between between 2006 and 2014 with environmental clearances. Isha contended that its yoga centre fell under the category of “education” and as per the Centre’s guidelines, prior clearances were not required for the construction of buildings for educational purposes.

Isha challenged the notice in the Madras High Court. In December 2022, the High Court quashed the notice taking cognisance of the Centre’s guidelines.

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