Bombay high court: Is water meant for Pune being diverted to Lavasa?

The Bombay high court on Tuesday said it will look into whether agriculture and civic amenities, including water supply, in Pune are going to be under threat due to the Lavasa township project.

The division bench of justices BH Marlapalle and UD Salvi were hearing a petition filed by Lavasa Corporation Ltd challenging the ministry of environment and forests’ (MoEF) November 25 show-cause notice enquiring why no clearance was taken for developing the township which spreads over 18 villages in Pune district, and also stayed the construction until a satisfactory reply was filed.

The bench, hearing the matter for the first time since the earlier bench recused itself, said it will not restrict itself to hearing only Lavasa’s petition, but will also hear related matters, including a pending public interest litigation, and a new one.

An intervention petition was also filed by sarpanchs of villages in which Lavasa’s project is based supporting the construction.

The judges said they would like to know “whether a large number of villagers were displaced, and if so, has the there been any plan for their rehabilitation”. They also wanted to know “in what way the township is going to affect Pune city”, and whether the water meant for agriculture and consumption for Pune is being used by the project.

“The way Pune is growing, it is very hard-pressed for amenities. There is a water supply problem.  We have to see if agriculture and civic amenities in Pune are under threat,” they added.

The judges said they will also look into allegations that the government favoured Lavasa while allotting the land.

Lavasa’s counsel Shekhar Naphade said it is a “vicious propaganda” that water for Pune is being diverted for the project. “It is a vilification campaign. Most of the lands were barren with sparse population. Over the years, prices have gone up but they forget that we have invested Rs3,000 crore in the land,” he added.

Naphade said Lavasa is willing to face a commission of inquiry. He said the court should also saddle the PIL with appropriate costs.

Naphade said none of MoEF letters have stated that Lavasa has violated air and water pollution norms, and contain vague findings.

Additional advocate general Darius Khambata countered that the onus is on the developer to show that activity is environmentally benign.

He said the cutting of hill-slopes, acquisition in reservoirs and pollution of water supply to Pune were serious environmental concerns. He said the MoEF was willing to hear and pass an order on the show cause notice by December 31, and pointed out that a hearing is scheduled on December 22. 

Khambata sought extension of the MoeF hearing to January 10 after the judges suggested that the ministry officials must visit the site. The judges will continue hearing the matter on December 22, but deferred the MoEF hearing to December 23.