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MOEF to maintain status-quo until Lavasa Corporation meets pre-conditions

The pre-conditions include 'a credible action' against Lavasa for violations under Environment (Protection) Act by Maharashtra government.

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Ministry of Environment and Forests (MoEF) today told Bombay high court that it would not take any action in Lavasa case, 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. 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 added that 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' against Lavasa for violations under Environment (Protection) Act by Maharashtra government, 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.

The division bench of Justices Ranjana Desai and RV More recorded Khambatta's statement that the MOEF would be passing its final order soon and posted the matter for hearing on July 12.

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 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 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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