Bombay high court refuses to stay stop-work notice to Lavasa

Written By Rosy Sequeira | Updated: Dec 22, 2010, 09:18 PM IST

The Bombay high court today declined to interfere with a directive of the environment ministry asking the Lavasa Corporation to stop construction at its multi-crore township in Pune district pending hearing of show-cause notice.

In a setback to Lavasa Corporation, the Bombay high court on Wednesday declined to stay the status quo order on the construction of its township in Pune district which was continued by the ministry of environment and forests (MoEF) on December 14.

The court was hearing a petition filed by Lavasa challenging MoEF’s November 25 show-cause notice asking why no clearance was taken for developing its township over 5,000 hectares and also stayed construction.

Observing that “no opportunity of hearing was given”, the HC on December 7 stayed MoEF’s order of stop-work and directed it to give a hearing to Lavasa on the issue. Lavasa appeared for a hearing before MoEF on December 9, and on December 14, it rejected their plea and continued the stay.

The judges noted that the hearing before MoEF’s competent authority on the show-cause notice is in progress. However, they directed a visit to Lavasa by MoEF, saying they expect MoEF to undertake its survey for three days in the last week of December, or by the first week of January.

They directed the final order on the notice be passed by January 10, and a copy be placed before the court on January 14.  The judges also granted Lavasa liberty to move the court for interim relief. The judges posted the final hearing on January 27.

The judges asked advocate general Ravi Kadam to form a committee headed by additional chief secretary Umesh Chandra Sarangi and two members from the irrigation and forests departments.

The committee would have to submit a report to the court. Kadam said he will respond on whether such a committee can be formed.