In what could spell further trouble for the Lavasa Corporation Limited, two tribals have now challenged the government notification that conferred special powers upon the company to acquire land for its hill station in Pune district.
In what could spell further trouble for the Lavasa Corporation Limited, two tribals have now challenged the government notification that conferred special powers upon the company to acquire land for its hill station in Pune district.
According to the petition filed by Bandya and Babu Walhekar, brothers hailing from Pune’s Mulshi tehsil, the government notification dated June 12, 2008 conferring on Lavasa Corporation statutory powers like that of a planning authority is illegal. For, such powers cannot be delegated to a private company registered under the Companies Act 1969, contends the plea filed through advocate Prakash Ambedkar.
While stating that only government entities and undertakings could be appointed as special planning authority for a certain area, the Walhekars’ plea says a private company like Lavasa Corporation, a subsidiary of Hindustan Construction Company, cannot be given such powers.
Further, the plea states that the notification issued by the Urban Development Department (UDD) was based on a wrong interpretation of certain provisions of the Maharashtra Regional and Town Planning Act, 1956. Also, a private company cannot be given powers to acquire land for the hill city project under the provisions of the Land Acquisition Act of 1894, it says.
It was in 2010 that the Maval sub-divisional officer issued notice asking the Walhekar’s brothers to show cause why action for dispossession of their property, admeasuring about 10 hectares and 86 acres should not be initiated, following which they moved the Bombay high court. Apparently, the land was declared surplus under the Maharashtra State Land Ceiling Act.
On receiving the notice, when they inquired with revenue authorities, they were told that the land was transferred in the name of Lavasa Corporation. It was learnt that relying on the June 2008 notification, Lavasa was trying to dispossess them of the property, although they have never sold it. The brothers have also sought orders restraining Lavasa Corporation from dispossessing them, as the land is the only source of livelihood for their family.
A division bench of Justice DD Sinha and Justice VK Tahilramani has kept the petition for hearing on January 31.
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