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The Union Environment Ministry has declined to award environment clearance to Lavasa Corporation's hill station project near Pune.
An Environment Ministry order said that as “the pre-condition that credible action (by the Maharashtra Government) on violation of EIA ( environment impact assessment) notification 2006 has not been complied with, the Ministry is unable to issue the environment clearance to the first phase of the hill city project (2,000 hectares) of Lavasa Corporation. The final decision on the environment clearance cannot be taken till all the pre-conditions are met, including credible action by the State of Maharashtra, and subject to the final orders of the High Court of Bombay as the matter is sub-judice.”
On September 23, the Bombay High Court directed the Environment Ministry to pass the final order on the regularisation application of Lavasa Corporation with regard to construction at the township project in three weeks. The Court also said that if the Ministry failed to pass an order within three weeks, the Court would hear and decide Lavasa's petition on deemed clearance based on merits.
An Expert Appraisal Committee of the MoEF, which inspected Lavasa, recommended issue of clearance with five pre-conditions that Lavasa Corporation agreed to comply with.
The conditions stipulated, apart from credible action by the State Government against violation of the Environment Protection Act, 1986, an undertaking by the Lavasa board that such acts would not be repeated; the floor space index would be worked separately and not averaged; five per cent of the project cost would go towards corporate social responsibility; and setting up of an environmental restoration fund.
While there is ambiguity on what credible action is expected from the Maharashtra Government, the State appears to be playing it safe stating that the matter is sub-judice as the Union Ministry's jurisdiction has also been questioned by Lavasa in its writ petition (pending with the Bombay High Court). Lavasa has questioned the applicability of the Environment Impact Assessment notification 1994, 2004 and 2006 on the project as it had clearance under the Maharashtra Hill Station Regulation.
A Lavasa Corporation spokesperson said, “We are disappointed with the Ministry of Environment and Forest's Order today. In fact, it is not even an ‘Order'. After 11 months of delaying tactics, the MoEF has again evaded grant of Environment Clearance (EC).”
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