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Madras HC Reserves Order On Isha Foundation's Challenge Against Notice On Alleged Violation Of Environment Clearance Norms

Upasana Sajeev

1 Dec 2022 3:28 PM GMT

    • Madras HC Reserves Order On Isha Foundations Challenge Against Notice On Alleged Violation Of Environment Clearance Norms

    The Madras High Court on Wednesday reserved orders on Isha Foundation's plea against Tamil Nadu government's notice 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.The bench of Acting Chief Justice...

    The Madras High Court on Wednesday reserved orders on Isha Foundation's plea against Tamil Nadu government's notice 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.

    The bench of Acting Chief Justice T Raja and Justice D Krishnakumar heard in detail the counsel representing the foundation and the central and state governments. Today, it also heard an NGO and a party-in-person who wished to be impleaded in the proceedings.
    The foundation has 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.
    Isha Foundation said it being a yoga centre was thus exempt.
    The state has opposed this argument saying that the institution does not fall within the scope of educational institution. It has 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.
    Previously, the Central Government had informed the High Court that Isha Foundation was exempted from seeking a prior Environment Clearance for carrying out construction work, as the Foundation is engaged in promoting education.
    Case Title: Isha Foundation v. Union of India
    Case No: WP No. 467 of 2022


    Tags
    Madras High CourtActing Chief Justice T RajaJustice D KrishnakumarIsha FoundationEnvironmental Clarence
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