BENGALURU: Karnataka High Court on January 13 clarified that its interim order of January 11 to maintain the status quo on the nature of the land at Isha Yoga Centre (IYC), Chikkaballapur, would not come in the way of holding an event on January 15 in which Vice-President of India Jagdeep Dhankhar is scheduled to participate.
In view of Isha Yoga Centre gave an undertaking that it would not take any alleged deforestation or construction activities except necessary arrangements which are required for the scheduled event to be attended by the Vice President on January 15, 2023, at its centre afoot of Nandi Hills.
A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi passed the order after hearing senior advocate Uday Holla, representing Isha Yoga Centre, on Friday.
Citing extreme urgency in the matter, Uday Holla filed a statement of objections opposing the public interest litigation, including the grounds namely suppression of material facts and the credentials of the petitioners.
The petitioners S Kyathappa and three others, who are local agriculturists, challenged the land granted to Isha Yoga Centre allegedly violated various laws concerning revenue, forest, air and water.
On the other hand, senior counsel Prashanth Bhushan, representing the petitioner, submitted that the deforestation or the construction cannot go on in the guise of a programme. They have built a road right through the forest areas because of political influence which would not be allowed in the middle of a thick forest, he argued.
Inviting the attention of the court with a copy of the invitation card for the function which is scheduled at 6 pm onwards on January 15, 2023, and certain high dignitaries are attending the function, Holla submitted that the consent of these dignitaries for this particular date and time was taken much prior to the filing of the petition. He also submitted that his client would not take any activity of alleged deforestation or alleged construction except for necessary arrangements which are required for the scheduled function.
Taking this statement as an undertaking to the court, the division bench said that "as we are only considering the urgency claimed, needless to state that this court has not expressed an opinion on the merits of the objections raised by Isha Yoga Centre which justifies that the schedules programme is hardly at a distance of one day and the interim order may cause some prejudice."
As such considering these facts, "We clarify that order dated January 11, 2023, would not come in the way of scheduled event, subject to the undertaking given that Isha Yoga Centre would not take any activity of alleged deforestation and alleged construction", the court said while extending the interim order of status quo till next date of hearing to be held on February 2, 2023.