The Madras High Court, on Monday, February 24, dismissed a petition seeking the court to prevent authorities from granting permission for the Maha Shivaratri celebrations at Isha Foundation due to alleged past violations of pollution norms. The Isha Foundation has been controversially constructed in the Booluvapatti reserve forest range in Coimbatore, known for its elephant habitat.
A bench of Justices SM Subramaniam and K Rajasekar passed the order after the Tamil Nadu Pollution Control Board (TNPCB) filed an affidavit stating that Isha Foundation was equipped enough to deal with any solid, liquid or noise pollution that would arise during the event. Shivaratri celebrations are scheduled to be held on February 26 and 27.
According to a LiveLaw report, the court observed, “Undoubtedly, the law in force has to be scrupulously followed. Public interest should be of paramount importance. Clean air, adequate facilities, etc are important for individuals and the state should ensure that the basic rights of the citizens under the Constitution is protected. However, the Tamil Nadu Pollution Control Board has stated that the 7th Respondent [Isha] is complying with norms and conducting the programs inside their campus and the same may not cause any pollution to people living outside the campus.”
“In view of the fact that except apprehension, the petitioner has not established any relief injuncting Isha from conducting the Mahasivarathri program, this court does not find any reason for interference,” the court said.
The court was hearing a plea moved by ST Sivagnanan, a resident of Coimbatore, who alleged that despite multiple court orders, Isha Foundation had failed to comply with environmental regulations and continued to operate in an ecologically sensitive zone. The petitioner also alleged that the foundation did not take adequate steps to mitigate noise and sewage pollution, particularly during large-scale events.
The court had, on February 21, directed the TNPCB to assess environmental and noise pollution concerns at Isha Foundation and submit a report.