Madras high court dismisses plea against Isha Foundation gas-based crematorium

Chennai: The Madras High Court has dismissed a petition challenging the construction of a gas-based crematorium by the Isha Foundation, led by spiritual leader Sadhguru Jaggi Vasudev, holding that the facility serves social welfare and does not violate public interest.

The court observed that such modern cremation facilities are environmentally beneficial and legally permissible when established with due approvals. A division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G.

Arul Murugan ruled that there is no prohibition under the Tamil Nadu Village Panchayat Rules on granting a licence for a crematorium within 90 metres of residential areas or drinking water sources. The bench clarified that the only mandatory requirement under the rules is obtaining permission from the concerned village panchayat.

The petition had questioned the construction of the Kalabhairava gas-based cremation mandapam by the Isha Foundation, alleging that it violated local regulations and posed inconvenience to nearby residents. Rejecting these claims, the court stated that a crematorium cannot be termed illegal if it has secured proper approvals from the competent authorities.

The judges noted that gas-based crematoriums are modern facilities designed to reduce environmental impact when compared to traditional wood-based cremations. “Such facilities are intended to serve the larger societal good and cannot be viewed as being against public interest merely on the basis of proximity,” the court observed.

The case pertained to permissions granted by the Ikkarai Boluvampatti Village Panchayat president, the Assistant Director of Rural Panchayats, and the Coimbatore South District Environmental Engineer of the Tamil Nadu Pollution Control Board.

These authorities had issued orders allowing the Isha Foundation to establish the crematorium, after assessing regulatory compliance and environmental safeguards. The court further emphasised that objections based on apprehensions or sentiments cannot override statutory provisions.

It underlined that as long as the project adheres to prescribed norms and obtains required licences, the authorities are empowered to grant approval. This ruling comes as a significant relief to the Isha Foundation, which has faced multiple legal challenges related to its infrastructure projects in recent years.

Legal observers say the judgment reinforces the principle that public utility projects, particularly those adopting eco-friendly technologies, should not be obstructed without strong legal grounds.

With the dismissal of the petition, the Isha Foundation can proceed with the operation of the gas-based crematorium, which the court said would contribute to cleaner and more efficient last rites facilities for the community.

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