Supreme Court upholds Madras HC order quashing notice to Isha Foundation over environmental clearance

NEW DELHI: The Supreme Court on Friday upheld the Madras high court ’s decision to quash notices issued by the Tamil Nadu Pollution Control Board (TNPCB) against Jaggi Vasudev's Isha Foundation . The notices were related to the construction of buildings in the foothills of the Velliangiri mountains without prior environmental clearance .

A bench of Justices Surya Kant and N Kotiswar Singh ruled that no coercive action would be taken against Isha Foundation's yoga and meditation centre in Coimbatore. The court said that the centre must comply with all environmental norms and the directions set by the pollution control board.

The court further clarified that if the centre plans to expand, it must first obtain approval from the relevant authority. "It goes without saying that if there is any need for expansion in future, the respondent number 1 will seek prior submission of the competent authorities," the bench remarked.

However, it also made it clear that this order would not set a precedent for regularising illegal constructions and was issued based on the specific circumstances of this case.

On November 19, 2021, a show cause notice was issued to Isha Foundation for carrying out construction without obtaining mandatory environmental clearance, as required under the Central government's Environment Impact Assessment Notification, 2006.

Isha Foundation challenged the notice in the Madras high court, arguing that it had been engaged in construction activities since 1994, before the notification came into effect. The foundation also claimed that, as a yoga centre promoting mental development, it qualified as an educational institution. It cited a 2014 clarification from the Central government, which exempted educational institutions, industrial sheds, and hostels from the requirement of prior environmental clearance.

However, the State government opposed the claim that Isha Foundation fell under the category of educational institutions. However, it also pointed out that even if it were considered an educational institution, the exemption would apply to only around 10,000 square metres of the total area, which exceeded 2 lakh square metres.

The Central Government, meanwhile, supported the foundation’s argument, stating that it was engaged in promoting education and, therefore did not require prior environmental clearance. While the case was still pending, the Centre issued a memorandum in 2022 defining "educational institution" to include institutes that provide training essential for mental, moral, and physical development.

In 2022, the Madras high court set aside the show cause notice, ruling that Isha Foundation’s construction activities met the definition of an educational institution and were therefore exempt from obtaining prior environmental clearance. The court also noted that an interim stay issued by the Kerala high court on the exemption's operation was applicable only within Kerala and did not bind the Madras high court.

The showcause notice had been issued over the alleged construction of buildings in the Velliangiri foothills without prior environmental clearance.