The Union Ministry of Environment and Forests (MoEF) has stated that it took a liberal approach while granting clearance to the Lavasa township project, coming up near Pune, as 257 buildings have already been built and third-party rights created.
The affidavit filed by MoEF in the Bombay high court stated that it was a “well-established fact that illegal constructions are liable to be demolished and cannot claim any equities for development”. Since investments were made by third parties and infrastructure was developed, the Expert Appraisal Committee decided to grant clearance to the existing construction. Developers are deemed to know and understand law and their failure to comply with the law must be dealt with strictly, said the affidavit.
A total of 5,000 hectares has been earmarked for the project and 700 hectares have already been used for the construction.
A complaint was lodged by the government in a magistrate’s court in Pune on November 4 for the alleged violations by Lavasa Corp.
A division bench of Justices SA Bobade and VK Tahilramani has asked Lavasa Corporation Limited and MoEF to consider approaching the Tribunal set up under National Green Tribunal Act of 2010 to handle environment-related issues.
The Act envisages a tribunal for “expeditious disposal” of matters related to environmental protection. The court was hearing a petition filed by Lavasa, a subsidiary of Hindustan Construction Company, challenging the November 25, 2010, notice issued by the MoEF directing a stay on construction for not obtaining mandatory environment clearances before starting the project in 2004.
Darius Khambata, additional solicitor general, told the court that they have granted clearance to the phase one of the Lavasa project.
Shekhar Naphade, counsel for Lavasa, argued that the main dispute - whether they required environmental clearance before starting the project - was still unsettled. “There is deemed clearance to the project. Hence, the MoEF notification is illegal,” he said. The court has kept all petitions and public interest litigations, for and against the township, for hearing on December 12.
