Khushi Bajpai
Published on: September 27, 2022 at 18:53 IST
Jaggi Vasudev’s Isha Foundation did not need to obtain prior environmental approval to carry out construction work at its premises in the Coimbatore region between the years of 2006 and 2014, the Union government stated on Monday.
Isha Foundation could request this exemption on the grounds that it is an organization that promotes education, according to Additional Solicitor General R Sankaranarayanan, who testified before a panel of Acting Chief Justice T Raja and Justice D Krishna Kumar regarding the Environment Protection Amendment Rules, 2014 of the Government of India.
The Tamil Nadu government served the foundation with a notice and began legal action against it in January of this year on the grounds that, despite carrying out construction work, the foundation had not obtained the necessary environmental clearance required by the Union government’s Environment Impact Assessment Notification of 2006.
The foundation, however, disputed the State government’s decision, claiming that the 2014 Environment Protection Amendment Rules were an addition to the 2006 Rules and that they were added to make it clear that educational institutions, industrial sheds, hostels, hospitals, and other facilities could benefit from the exemption.
The Court, however, appeared to have changed its mind in the middle of the hearing.
According to Justice T. Raja, if educational institutions were not given this exemption, famous schools like the Kodaikanal International School and Doon School would not exist.
“In that case, people living in hilly areas such as Ooty and Kodaikanal would never have had any access to education,” the High Court remarked.
According to ASG Sankaranarayanan, the exemption was created to “avoid harassment and establish a compromise.”
The Isha Foundation then claimed to be a 1992-founded, volunteer-run registered public charitable trust.
It claimed that in order to manage a chain of educational institutions, it established the Isha Yoga Centre in the Velliangiri hills in the Coimbatore region in 1994.
A Gurukul structure was used to teach a range of yoga, classical art, and Sanskrit courses. The organisation also started offering ICSE Board-affiliated English-medium instruction.
It was submitted that the institutions were spread over 48.3 hectares in the Velliangiri hills.
The High Court will hear the matter further on Wednesday.
ASG R Sankarnarayanan appeared for the Union government, whereas Senior Advocate Satish Parasaran appeared for Isha Foundation.