Supreme Court Upholds Madras High Court Decision on Isha Foundation, Dismisses TN Pollution Board’s Notices

The Supreme Court on Friday declined to overturn a Madras High Court ruling that nullified notices issued by the Tamil Nadu Pollution Control Board (TNPCB) to Jaggi Vasudev’s Isha Foundation. These notices had challenged the construction of buildings by the foundation in the foothills of the Velliangiri mountains in Coimbatore, citing lack of prior environmental clearances.

Justices Surya Kant and N Kotiswar Singh presided over the case and ruled that no coercive actions should be taken against the Isha Foundation’s Yoga and Meditation Centre located in the region. The bench also stipulated that all future expansions of the center must receive prior approval from the competent authority to ensure compliance with environmental norms.

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The Supreme Court’s decision emphasized that while the order should not be seen as a precedent for regularizing illegal construction, it was specific to the unique facts and circumstances of this particular case. The justices highlighted the need for the center to adhere strictly to all guidelines and directives issued by the pollution control board going forward.

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The legal contention began when the TNPCB issued a showcause notice to the Isha Foundation on November 19, 2021, regarding its construction activities in an environmentally sensitive zone without the requisite clearances. In response, the Isha Foundation approached the courts, leading to the Madras High Court’s decision on December 14, 2022. The High Court categorized the facilities established by the Foundation as educational, thereby setting aside the TNPCB’s notices.

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