"Isha Foundation cannot escape prosecution over constructed buildings with no environmental clearance:" TNPCB tells High Court
The Tamil Nadu Pollution Control Board emphasized that Isha's facility in Velliangiri Hills in Coimbatore will not fall under the category of ‘educational institution’ but ‘infrastructure development project.'
The Tamil Nadu Pollution Control Board (TNPCB) has informed Madras High Court, in a counter-affidavit filed before the first Division Bench of Acting Chief Justice T Raja and Justice D Krishna Kumar that the entire facility of Isha Foundation sprawling over 48.74 hectares at Velliangiri hills in Coimbatore district cannot escape from prosecution since its facility would not fall under the category of ‘educational institution’ but 'infrastructure development project.' TNPCB alleged that this was done in order to claim exemption from environmental clearance.
Advocate-General R Shanmugasundaram filed the counter pointing out that Isha Foundation had obtained the approval of the Directorate of Town and Country Planning (DTCP) for constructing only 10,445.65 square metres for a school, whereas the rest of 1,15,354.76 square metres of the built-up area was to be used for other purposes.
In 2017, citing a specific condition that apart from fencing the site and building shelter for security guards, without obtaining the mandatory environmental clearance no construction should take place. Based on this, the DTCP granted the approval in 2017. In April 2018, the Foundation made an application to the State Environment Impact Assessment Authority (SEIAA) for clearance, following the procedures to be adopted by projects that had already commenced without any environment clearance.
In November 2019, the SEIAA wrote to the Government requesting action against project proponents who had violated the Centre’s Environment Impact Assessment (EIA) notification, 2006. The Government urged the TNPCB to act and based on these directives, Isha Foundation facility was inspected by the Coimbatore South District Environmental Engineer on November 17, 2021. Thereafter, a show cause notice was issued on November 19, 2021 to Isha Foundation for having constructed assembly halls, work sheds, meditation and activity halls etc.
Isha Foundation in turn replied to the notice claiming that it had filed the present writ petition before the High Court contending that educational institutions had been exempt from environment clearance as per a clarificatory amendment made to the EIA notification in 2014, after it had withdrawn its environment clearance application from the SEIAA in April 2021. .
The TNPCB reiterated that at ISha Foundation premises only about 500 students were studying in its school and hence the entire built-up area of 1,25,800.41 square metres was not required. TNPCB pointed out to the Court that the facility was actually being used as residential units, meditation halls and so on and that the foundation itself had admitted to having constructed only 28,279 square metres before the EIA notification, 2006 came into force and that the rest of 97,521.41 square metres was constructed thereafter, without obtaining environmental clearance.
In the hearing of the writ petition on Wednesday, Isha Foundation was represented by Senior Counsel Satish Parasaran. He contended that an institution like the writ petitioner, which imparted yoga would certainly fall under the definition of educational institution according to the 2014 Amendment to the EIA notification. In response, Senior Central Government Standing Counsel K Srinivasamurthy asserted that the 2014 EIA notification was a clarificatory amendment. Therefore, he argued that this would have a retrospective Amendment from 2006.
The matter was adjourned for further hearing on Friday since the arguments could not be concluded by the end of the day.