The Supreme Court on Friday adjourned to February 28, an application filed by the Tamil Nadu Pollution Control Board (TNPCB) against the construction carried out by the Isha Foundation on its Coimbatore campus without environmental clearances.
The Bench of Justice Surya Kant and Justice NK Singh adjourned the matter after Senior Advocate V Giri, appearing for the TNCPB, sought additional time to file a better affidavit.
The Tamil Nadu government had issued a show cause notice in 2021 to the Isha Foundation, run by ‘Sadhguru’ Jaggi Vasudev, for carrying out construction work at Coimbatore between 2006 and 2014 without certain environmental clearances.
In December 2022, the Madras High Court quashed the showcasue notice on the grounds that since the Isha Foundation undertook group development activities and ran a yoga centre, it would be considered an educational institute and therefore, entitled to the exemption granted by the Central government from seeking prior environmental clearance for construction activities.
The Apex Court today observed that the Madras High Court was not bound by the Kerala High Court’s decision to stay the Central notification relaxing environmental clearances for certain projects. The stay granted by the Kerala High Court could not take away the jurisdiction of another Court, it added.
When Senior Advocate Giri sought more time to file a better affidavit, the Bench remarked that it could not afford to take such a lenient view, particularly when appeals were filed after a considerable delay.
It noted that in the present case, there was a delay of over 600 days in challenging the High Court verdict.
The Apex Court said that accepting better affidavits after a delay of more than 633 days from affluent litigants would lead to discrimination against the poor litigants.
The Bench further reprimanded the state pollution board for seeking the demolition of structures already put up by the Isha Foundation, when it lacked sufficient grounds to do the same.
Noting that the TNCPB said the sewage plant was not working, the top court of the country said it could not allow the demolition of a structure built upon lakhs of square yards before the eyes of the state government.
Tamil Nadu Advocate General PS Raman said the delay in approaching the Apex Court was not intentional. The matter kept going between some or other departments. When it reached the state government, it cleared the same immediately, he added.
Justice Kant said that he had full sympathy with Advocate Raman since he faced similar difficulties in 2001-2002, when he was serving as an Advocate General for the State of Haryana.
Appearing for the Isha Foundation, Senior Advocate Mukul Rohatgi said he too faced such issues, while serving as the Attorney General for India.
The Bench eventually adjourned the matter after Senior Advocate Giri sought more time to file the affidavit.
Senior Advocate Rohatgi suggested the Court to keep the matter after Shivaratri.
He said there was more to the case than what met the eye, adding that the Isha Foundation had secured requisite clearances for its construction, including the Municipal sanction, as well as the Environmental clearance.