The Supreme Court on Friday criticised the Tamil Nadu Pollution Control Board for challenging after two years a Madras High Court order that quashed a notice issued to Jaggi Vasudev’s Isha Foundation for not obtaining environmental clearance, Live Law reported.

“What prevented authorities from approaching this court in time?” the Supreme Court asked the board. “When [the] state comes belatedly, we become suspicious.”

In December 2022, the High Court quashed a show-cause notice the board had issued to the Isha Foundation. The notice sought to prosecute Vasudev’s organisation for having constructed several buildings between 2006 and 2014 in the foothills of Velliangiri in Coimbatore district allegedly without obtaining environmental clearance.

The High Court had ruled that the foundation was exempted from seeking environmental clearance for construction activities because it came within the definition of an educational institution.

Isha Foundation had challenged the board’s notice in the High Court in January 2022, arguing that the 2014 Environment Protection Amendment Rules granted retrospective exemption to educational institutions.

The foundation had argued that it must be categorised as an educational institute because its yoga centre helps develop mental and physical health. The court had agreed to the foundation’s submission.

On Friday, the Supreme Court told the pollution board that it cannot belatedly question the yoga centre’s categorisation as an educational institution.

“How do you say yoga centre is not educational institution?” the court asked. “If they are not going as per plan, then you can assail...but you can’t be allowed to demolish construction which was raised before your eyes.”

The top court further told the board that considering that the Isha Foundation had already constructed a yoga and meditation centre in Velliangiri, the state must now ensure that there was environmental compliance.

The contentious constructions are located in the Ikkarai Pooluvampatti village near Velliangiri hills in the Western Ghats in Coimbatore, the site of the foundation’s Isha Yoga Centre.

The village is notified under the Hill Area Conservation Authority, a body formed in 1991 by the Tamil Nadu government to protect hill areas from excessive commercialisation.

During an inspection in November 2012, the Coimbatore Town and Country Planning Department found that 60 buildings related to the foundation had been constructed without prior approvals. There were 34 other buildings under construction at that time.

Also read: With Modi set to unveil 112-foot Shiva statue in Coimbatore, protests against Isha gather steam