Quashing the prosecution initiated by the state government against Isha for constructing buildings in Vellingiri hills without environmental clearance, the court said that Isha was promoting Yoga which comes under education and hence it does not need prior clearance.
Coimbatore: Madras High Court on Wednesday allowed Isha Foundation's plea against a show cause notice issued to it in Tamil Nadu for carrying out construction work between 2006-2014 at Coimbatore without obtaining mandatory environmental clearance as per the Central Government's Environment Impact Assessment Notification, 2006.
The bench of Acting Chief Justice T Raja and Justice D Krishnakumar observed that since the foundation was carrying on construction work for promoting group development activities and for promoting yoga, it came within the definition of an educational institution and thus was exempted from seeking prior environmental clearance.
The bench also observed that an interim stay by Kerala High Court on the operation of the exemption was limited to the jurisdiction of the Kerala High Court and thus, the Madras High Court was not bound by the interim stay.
The interim order of the Kerala High Court is applicable only within the territorial limits of the State. The jurisdiction of the High Court is limited to the territorial jurisdiction of the state, the court observed.
The foundation had previously submitted that as per a clarification issued by the Central Government in 2014, all educational institutions, industrial sheds and hostels are exempt from the requirement of obtaining mandatory environmental clearance before commencing construction work.
Thus, being a yoga centre which is "engaged in promoting mental development", Isha Foundation had claimed that it would come within the purview of an educational institution.
The state had opposed this argument saying that Isha Foundation does not fall within the scope of educational institutions.
The state had also submitted that even if it was to be considered as an educational institution, the same would apply for only around 10,000 square metres of the over two lakh square metres of the Foundation premises in Coimbatore.
The bench of Acting Chief Justice T Raja and Justice D Krishnakumar observed that since the foundation was carrying on construction work for promoting group development activities and for promoting yoga, it came within the definition of an educational institution and thus was exempted from seeking prior environmental clearance.
The bench also observed that an interim stay by Kerala High Court on the operation of the exemption was limited to the jurisdiction of the Kerala High Court and thus, the Madras High Court was not bound by the interim stay.
The interim order of the Kerala High Court is applicable only within the territorial limits of the State. The jurisdiction of the High Court is limited to the territorial jurisdiction of the state, the court observed.
The foundation had previously submitted that as per a clarification issued by the Central Government in 2014, all educational institutions, industrial sheds and hostels are exempt from the requirement of obtaining mandatory environmental clearance before commencing construction work.
Thus, being a yoga centre which is "engaged in promoting mental development", Isha Foundation had claimed that it would come within the purview of an educational institution.
The state had opposed this argument saying that Isha Foundation does not fall within the scope of educational institutions.
The state had also submitted that even if it was to be considered as an educational institution, the same would apply for only around 10,000 square metres of the over two lakh square metres of the Foundation premises in Coimbatore.