Judges observed that Union ministry of environment and forests’s final order on the show-cause notice may take months.
The Bombay high court (HC) on Thursday sought the view of the Union ministry of environment and forests (MoEF) on the possibility of the court’s permitting Lavasa Corporation Limited to complete some construction work during the pendency of the MoEF’s final order on the show-cause notice to the company.
A division bench of justices DK Deshmukh and ND Deshpande was hearing a Lavasa petition challenging the MoEF’s November 25 show-cause notice, which questioned why no clearance was taken under the Environment Protection Act (EPA) and a 2004 notification for development of townships in Pune district. The notice also directed Lavasa to stop construction.
The judges observed that the MoEF may take up to two months to pass its order on the show-cause even though additional solicitor general Darius Khambata has said it will do the same by December 31. The judges asked Lavasa to indicate which works could be completed in two months with minimum damage to the environment. Urging the court to permit completion of work, Lavasa counsel Shekhar Naphade said the company is willing to accept any restrictions.
The judges said they are considering the possibility of permitting construction “to be carried out at your [Lavasa] own risk under supervision” during the pendency of the hearing on the show-cause notice.
“We can call for a report [to see] if continuation of that work will have an impact on the environment,” said justice Deshmukh. “We will like to be assured of least damage to the environment and that, if damage is done, it is retrievable.” The judges said they will only permit completion of construction work and not cutting hills or augmenting the reservoirs.
Khambata said that he will take instructions and tell the court during the next hearing on December 21.
Previous hearing
During the last hearing, the HC stayed the MoEF’s order of status quo on construction. It directed Lavasa to appear for a hearing before the MoEF on December 9 regarding the stop-work order.
After the hearing, however, the MoEF did not change its stand.
Naphade submitted that the hearing was in breach of the HC’s order, as it was conducted by MoEF advisor Nalini Bhat and not director Bharat Bhushan who issued the show-cause notice. Khambata conceded it was an “avoidable error” and offered to give Lavasa another hearing.
Naphade said the MoEF did not specify any reasons or give any reports or data in support of its notice. The judges observed that the hearing was for the purpose of giving reasons for an interim order. “The order passed is like an address on a public platform... environment, rivers, dams,” said justice Deshmukh.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}