Supreme Court Rebukes TNPCB for Delayed Of Two-Years Plea Against Quashing of Notice to Isha Foundation

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In response to this, senior advocate Mukul Rohatgi, representing the Isha Foundation, requested the court to delay the proceedings until after Shivratri, citing a major function scheduled during the time. The bench agreed to this request and posted the matter for a hearing after Shivratri.

NEW DELHI: On February 14, 2025, the Supreme Court of India expressed its disapproval towards the Tamil Nadu Pollution Control Board (TNPCB) for taking two years to approach the court regarding a Madras High Court decision.

This decision had quashed a showcause notice against the Isha Foundation for constructing multiple buildings between 2006 and 2014.

A bench consisting of Justice Surya Kant and Justice N Kotiswar Singh referred to the TNPCB’s petition as a “friendly match,” highlighting that bureaucrats were seeking the apex court’s approval to dismiss the petition.

The bench’s remarks were critical, suggesting that the TNPCB’s action was more about formalities than genuine concern.

“How do you say Yoga centre is not educational institution? If they are not going as per plan, then you can assail…but you can’t be allowed to demolish construction which was raised before your eyes,” Justice Kant further observed.

During the hearing, the Supreme Court told Advocate General PS Raman that since Isha Foundation had now built a yoga and meditation center in Velliangiri, located in Coimbatore district, the state must ensure that environmental regulations are followed. The court emphasized the importance of environmental compliance as the foundation had expanded its facilities.

In response to this, senior advocate Mukul Rohatgi, representing the Isha Foundation, requested the court to delay the proceedings until after Shivratri, citing a major function scheduled during the time. The bench agreed to this request and posted the matter for a hearing after Shivratri.

The case dates back to December 14, 2022, when the Madras High Court ruled in favor of the Isha Foundation, stating that the facilities established by the foundation in Coimbatore fell under the category of ‘education.’ This ruling had led the court to quash the showcause notice issued by the TNPCB on November 19, 2021. The notice had raised concerns about the construction of buildings in the foothills of Velliangiri without prior environmental clearance.

At the time, the Union government had informed the high court that the Isha Foundation was engaged in imparting yoga lessons and also running a school, which led the court to categorize the foundation’s activities as falling under ‘education.’

Case Title: 

TAMI NADU POLLUTION CONTROL BOARD v. ISHA FOUNDATION, Diary No.57906/2024

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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