The Ministry of Environment and Forests (MoEF) will pass its final order in the Lavasa case within three weeks. The ministry informed the Bombay High Court on Monday.
“The ministry has accepted the recommendations along with the pre-conditions given by the Experts Appraisal Committee formed to look into the matter. A final order would be passed in three weeks,” Additional Solicitor General Darius Khambata told the HC.
Lavasa Corporation, a subsidiary of Hindustan Construction Company (HCC), had challenged the November 25 notice issued by the MoEF directing a stay on the construction for not obtaining mandatory environment clearances before starting the project in 2004. Senior counsel Shekhar Naphade, appearing for Lavasa, argued that as per a circular issued by the MoEF in another matter, if the ministry does not pass its final order within 45 days of the experts committee giving its clearance then the committee’s report is deemed to be final.
“It has been 45 days since the experts appraisal committee submitted its report giving Lavasa clearance and the ministry has not yet passed its final order. Hence the committee’s report should be considered as deemed to be the final order,” Naphade said. Khambata, however, opposed this, saying the committee has not given unconditional clearance to Lavasa. “The committee has only given its recommendations along with 34 conditions out of which five are pre-conditions, which Lavasa has to comply with first,” he said.
