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  • Lavasa status-quo to be maintained till pre-conditions met’

    Published on June 16, 2011

    Ministry of Environment and Forests on Wednesday told Bombay High Court that it would not take any action in the case relating to Lavasa housing construction near Pune till the Lavasa Corporation met the pre-conditions recommended by the Experts Appraisal Committee.

    “The experts committee, after its meeting on May 31, has recommended 34 conditions on Lavasa. The Environment Ministry wants to impose these conditions. An order to this effect would be passed soon,” Additional Solicitor General Darius Khambatta, appearing for the MOEF, told the court.

    He said the Ministry would maintain status quo until five pre-conditions are met.

    “Of the 34 conditions, five are pre-conditions, which have to be met. MOEF would not vacate the status quo until then,” Khambatta said.

    “Even after MOEF passes the final order, it would not take any action till these pre-conditions are fulfilled,” Khambatta added.

    The pre-conditions include `a credible action’ by Maharashtra government against Lavasa for violations under Environment (Protection) Act, a resolution from the Board of Directors of Lavasa that violations would not be repeated, an undertaking that development of the hill town shall be as per Hill Station Regulations and a clear demarcation of ‘no development/ construction zone.

    A division bench of Justices Ranjana Desai and R V More recorded Khambatta’s statement that the MOEF would be passing its final order soon and posted the matter for hearing on 12th July.

    Lavasa’s lawyer, senior advocate Shekhar Nafde, said the MOEF should specify a date by which it would pass its final order.

    “If they are convinced that environment clearance is needed, and then let them pass the order so that we can take appropriate measures,” he said.

    But refusing to specify a time by when the Ministry would pass the order, Khambatta said the conditions recommended by the committee (for allowing the project) needed to be looked into before passing any order.

    Lavasa Corporation, a subsidiary of Hindustan Construction Company (HCC), has challenged before the High Court the November 25 notice issued by MOEF which stayed construction for not obtaining mandatory environment clearances.

    Both Lavasa and MOEF later agreed to maintain status quo in the case after the Ministry appointed the experts’ committee to look into the alleged violations.

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