The Supreme Court on Friday put brakes on Tamil Nadu Pollution Control Board’s plan to take coercive steps against the spiritual organisation. A bench of Justice Surya Kant and Justice N.K. Singh offered a shield against sealing or demolition at the Yoga Centre on the Velliangiri hills. But, at the same time, cautioned the Foundation to take prior environmental permissions as per law for any future construction. The court accepted the contention of Isha Foundation’s Senior Advocate Mukul Rohatgi that the construction in question began in 1994, much before the issuing of the Central government’s Environment Impact Assessment Notification, 2006. The top court’s relief to the Foundation was partly linked to a two-year delay in theTNPCB’s decision to challenge a Madras High Court order favouring the Foundation. The High Court had earlier quashed a show cause notice issued to the foundation for carrying out construction between 2006 and 2014 without obtaining environmental clearance. The Foundation pleaded that the structure was a Yoga Centre \”engaged in promoting mental development\”, falling within the purview of an educational institution exempted from the requirement of obtaining mandatory environmental clearance prior to construction work.
