As Yoga Institute Exempted From Seeking Prior Environmental Clearance For Constructions: Isha Foundation to Madras High Court

'Sadhguru' Jaggi Vasudev's Isha Foundation on Wednesday told the Madras High Court that it was exempted from seeking prior Environmental Clearance as it came within the purview of Educational Institutions.The bench of Acting Chief Justice T Raja and Justice D Krishnakumar was hearing the plea filed by the Foundation challenging a notice issued by the Tamil Nadu Government initiating prosecution against the foundation 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. In the previous hearing, the Central Government had informed the court that the Foundation was exempted from clearance as it was engaged in promoting education, and vide a clarification issued by the Central Government in 2014, all educational institutions, industrial sheds and hostels were exempted from getting mandatory environmental clearance before commencing construction work. The court had then specifically asked how the Foundation would fall within the exempted category.When the matter came up for hearing, Senior Advocate Satish Parasaran, representing the foundation, submitted that in May 2022, the Ministry of Environment, Forest and Climat Change had issued an Office Memorandum wherein they had issued clarifications on the applicability of EIA Notification 2006 for Educational Institutions. As per this Office Memorandum, the meaning of Educational Institutions was taken to mean the same as was stated in the Noise Pollution (Regulation and Control) Rules 2000. The same defined educational institution as under:"educational institution" means a school, seminary, college, university, professional academies, training institutes or other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to mental, moral and physical development;Thus, the petitioner institution claimed that since it was a "Yoga Institute" which worked for the model development of persons, it came within the purview of educational institution and was exempted from seeking mandatory clearance before construction.Due to paucity of time, the matter has been adjourned to September 30.Case Title: Isha Foundation v. Union of India Case No: WP No. 467 of 2022

As Yoga Institute Exempted From Seeking Prior Environmental Clearance For Constructions: Isha Foundation to Madras High Court

Upasana Sajeev

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