Report if Isha Foundation is violating pollution control rules, directs Madras HC

CHENNAI: The Madras High Court directed the State government to submit a report on Monday explaining if Isha Foundation was conducting the Maha Shivaratri event in the manner prescribed under the pollution control rules and statutes.

If it is found to be violating rules as alleged, the State has the power to take action against the foundation, said a division bench of Justice SM Subramaniam and Justice K Rajasekar. The bench directed the Tamil Nadu Pollution Control Board (TNPCB) to file the report on Monday.

The petitioner, ST Sivagnanan, moved the court accusing Isha of noise and pollution, and destroying the ecologically sensitive Western Ghats.

The petitioner owns land next to the Isha Foundation premises on the foothills of Velliangiri in Coimbatore. On a normal day, more than 6,000 people visit the foundation, which goes up to more than 7 lakh on Maha Shivaratri event, he said.

Despite the huge numbers, the foundation does not have adequate facilities to treat sewage and was discharging untreated effluents in the sensitive ecological zone, thus causing water pollution, alleged the petitioner.

During Maha Shivaratri, the foundation conducts a concert with huge speakers and lights with high level of luminance, which creates noise pollution and disturbs the wild animals, which in turn causes man-animal conflict, he contended.

His advocate submitted that Isha was violating the Noise Pollution (Regulation & Control) Rules, 2000, by conducting the grand gala every year in an open space throughout the night. Relying upon a petition moved by the Isha claiming itself to be an educational institution when seeking environment clearance relief, the advocate submitted that in Tamil Nadu, areas surrounding educational institutions are declared as silent zone, and questioned how it could conduct such an event.

To substantiate the allegation of noise pollution during the Shivaratri event, he submitted a report by TNPCB stating that the sound level was more than 60 decibels, which is higher than the permitted level.

Appearing for the foundation, senior counsel Sathish Parasaran alleged that it was a motivated litigation moved for personal gains. He alleged that the petitioner approached Isha Foundation to sell his property for Rs 100 crore. As it refused the deal, he moved this petition, claimed the advocate.

Also, noting that Sivagnanan had moved a similar petition last year, he said filing an identical petition amounted to contempt of court as per the Supreme Court and urged the bench not to entertain the plea. He also submitted that Isha was complying with all the pollution-related norms and guidelines, and objected to the plea that has been filed just a few days before Shivaratri.