The ministry told the court that the status quo on the project will continue until five pre-conditions, including action by the state government against the firm, imposed by the Experts Appraisal Committee are met.
Ministry of environment and forest (MoEF) today told the Bombay high court that the status quo on the Lavasa project will continue until five pre-conditions, including action by the state government against the firm, imposed by the Experts Appraisal Committee are met.
A division bench of justice Ranjana Desai and justice RV More were hearing a petition filed by the Lavasa Corporation challenging MoEF’s November 25, 2010 show-cause notice asking why no clearance was taken under the Environment Protection Act (EPA) and also directing them to stop work.
Additional solicitor general Darius Khambata said that the Committee, after its May 31, 2011 meeting, recommended a series of 34 conditions on Lavasa which included the five pre-conditions. He said the MoEF has accepted the recommendations but “until preconditions are met, status quo will continue.”
The pre-conditions include the state government initiating credible action against Lavasa for violations under the Environment Protection Act and submission of a written commitment in the form of a formal resolution from the board of directors that violations of the EPA Act would not be repeated and the scale and intensity of development of the hill town shall be as per Hill Station Regulations.
A demand was also made for the clear demarcation of a ‘no development/construction zone’. The pre-conditions also state that 5% of the total cost of the project shall be earmarked towards Corporate Social Responsibility (CSR) and Lavasa shall undertake to earmark funds regarding the quantum of penalty and creation of Environmental Restoration Fund.
Lavasa’s counsel Shekhar Naphade argued that the MoEF is “passing the buck to the state government” to take action. He said the MoEF should specify a date by which it would pass the final order. “If they are convinced that (environment) clearance is required, then let them pass the order. If required, we’ll do it in a measured way,” he added.
Khambata said that the recommendations of the Committee have to be looked into before passing an order. The judges recorded Khambata’s statement that the MoEF will pass its order in a “reasonable time” and posted the matter for hearing on July 12, 2011.
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