Lavasa project: Bombay high court seeks to widen the scope of hearing

The Bombay high court, hearing the petition filed by Lavasa Corporation against show-cause notice issued by the environment ministry, today indicated it would widen the scope of hearing to include issues such as displacement of people due to its hill city project.

On November 25, the Ministry of Environment and Forests (MoEF) stayed the construction activity at Lavasa, spread over 18 villages in Pune district, for not seeking environmental clearances from ministry.

After Lavasa moved Bombaty high court, MoEF gave hearing to the corporation as to whether interim stay was necessary, but did not relax the stay subsequently.

Today, division bench of Justice BH Marlapalle and Justice UD Salvi, before whom the matter came up for the first time after earlier bench recused itself yesterday, said that Lavasa's petition cannot be dealt with "in isolation".

"There are related issues...Whether displacement of large number of people took place (because of the project), whether government had any plans for rehabilitation," Justice Marlapalle said.

The judge then referred to an allegation that water supply to city of Pune may be affected because of the project.

"Whether agricultural and civic amenities in Pune are going to be threatened is a question," he said, referring to growth of Pune itself.

Thirdly, the judge referred to allegations that lands were acquired for the project through illegal processes. 

Lavasa's lawyer, senior counsel Shekhar Nafade argued that the speculation that Lavasa will affect water supply to Pune was "a myth" and a clear case of "vilification campaign" that was run by "political activists".

But Nafade also said that the corporation was ready to deal with all the issues pertaining to the project.

Additional solicitor general Darius Khambata, representing MoEF, said that "apprehension regarding pollution of water supply to Pune" as well as "cutting of hill-slope" by the Lavasa corporation were serious issues.

MoEF was ready to hear Lavasa on issue of environmental clearances and take decision by December 31, he said.

But then court remarked that MoEF officers should visit the site of the project before deciding.

In that case, Khambata said, MoEF could take final decision by January 10.

Advocate YP Singh, representing Medha Patkar-led National Alliance of People's Movements which has filed a PIL against Lavasa, alleged that the project could go on without environmental clearances all these years "because it is all linked to a particular political group".

He alleged that Supriya Sule, MP and daughter of NCP chief Sharad Pawar, held a stake in the Lavasa, while the project got land from government when his nephew, Ajit Pawar, was irrigation minister in the state.

The hearing will continue tomorrow.

Earlier, the previous bench headed by Justice DK Deshmukh yesterday chose to recuse itself from hearing of Lavasa's petition, as Justice Deshmukh's son works in the legal firm which is advising Lavasa Corporation on its planned IPO.

Earlier, chief justice Mohit Shah too had recused himself from the case, as one of his relations worked for the same legal firm.

Matter thus landed before bench headed by Justice Marlapalle today.

In another development, sarpanchs of villages where Lavasa's hill station is coming up today filed an intervention petition, supporting the Corporation.

"We are supportive of the development" in the area, the petition filed by Shankar Dhindale, sarpanch of village Dasve and others says.

The villagers' petition says that until the Lavasa Project took off, the area was virtually cut off from the rest of the world, and had no infrastructure.

Stay to the work at Lavasa has put locals in "uncertainty" it says.