Introduction:
The Madras High Court recently dismissed a plea seeking to restrain Isha Foundation from conducting its Maha Shivaratri celebrations at its Coimbatore premises on February 26th and 27th, 2025, due to alleged violations of pollution norms. The bench, comprising Justice S.M. Subramaniam and Justice K. Rajasekar, noted that the Tamil Nadu Pollution Control Board (TNPCB) had confirmed the Foundation’s compliance with pollution norms and found no substantive reason to prevent the event. The petition was filed by S.T. Sivagnanan, a resident of Coimbatore, who argued that previous events had caused environmental damage, including noise and sewage pollution. However, the court held that mere apprehensions without concrete evidence could not justify interfering with the event.
Arguments:
The petitioner, S.T. Sivagnanan, claimed that his farm, located adjacent to the Isha Foundation premises, suffered due to noise and sewage pollution caused by past Maha Shivaratri celebrations. He argued that the Foundation had failed to comply with pollution norms and that previous court orders mandating authorities to prevent wastewater discharge had not been effectively enforced. He further contended that the Noise Pollution Rules prohibit the use of loudspeakers beyond midnight and that the right to celebrate religious events did not grant an unfettered right to violate environmental laws. The petitioner emphasized that unless the law was amended, Isha Foundation could not be permitted to continue its late-night celebrations with loudspeakers.
On the other hand, Isha Foundation questioned the petitioner’s locus standi, arguing that he was not a direct neighbor and had repeatedly filed meritless petitions against the Foundation. The Foundation maintained that it had consistently adhered to TNPCB regulations and that previous allegations were baseless. The Tamil Nadu Pollution Control Board also supported the Foundation, confirming that it had been conducting the Maha Shivaratri festival in compliance with environmental norms. The Board assured the court that it would conduct an Ambient Noise Level (ANL) survey during the festival to monitor compliance.
Judgment:
The court dismissed the petition, emphasizing that public interest must be balanced with constitutional rights, including the right to practice and propagate religion. The bench acknowledged the petitioner’s concerns but found no substantial evidence of pollution violations. It reiterated that while environmental protection is paramount, restrictions cannot be imposed solely based on apprehensions. The court took note of TNPCB’s affidavit, which confirmed that Isha Foundation had necessary measures in place to control pollution and that its celebrations were confined within its campus without adversely affecting the surrounding environment.
The court held that merely stocking apprehensions without proof could not justify an injunction against the event. It further stated that enforcing pollution norms is the duty of the authorities, and in the absence of non-compliance, judicial interference was unwarranted. Accordingly, the court allowed Isha Foundation to proceed with its Maha Shivaratri celebrations as planned.