Lavasa petitions can be heard by Green Tribunal, suggests HC

The Bombay High Court Wednesday asked the petitioners and respondents in the Lavasa township case to consider whether the appropriate forum could be the tribunal, set up under National Green Tribunal (NGT) Act of 2010.

The Act envisages a Tribunal for "expeditious disposal" of matters related to environmental protection.

The division bench of Justices Sharad Bobde and V K Tahilramani was hearing petition filed by Lavasa Corporation last year against the Union Environment ministry's directive that it must get an environmental clearance.

However, in today's hearing, Additional Solicitor General Darius Khambata, representing the MoEF, said as the Ministry recently gave nod to first phase of the Lavasa project, the "petition has worked out".

But Lavasa's lawyer, senior counsel Shekhar Nafde, said the original issues were still alive, such as whether the notification requiring environmental clearance from MoEF was applicable to the corporation, whether the notification is constitutional, etc.

He also pointed out that some PILs filed against the project -- which contemplates building a hill station in the Pune district -- were pending.

However, Justice Bobde said that in the light of the recently enacted Green Tribunal Act, it would have to be seen whether the High Court should hear the matter finally, or if "you are supposed to be in the tribunal, and not in this court."

The court adjourned the hearing till December 12 so that the lawyers of all parties could state their positions on this.