HC stays MoEF's "drastic" Lavasa order

Says order was passed without giving the matter a proper hearing

PTI | December 7, 2010



The Bombay high court today stayed the directive of the union ministry of environment and forests (MoEF) to Lavasa Corporation to stop construction of a township in a hill station in Maharashtra, calling the order "drastic" passed without giving prior hearing.

A division bench of justices D K Deshmukh and N D Deshpande asked Lavasa Corp to approach MoEF by or on December 9. MOEF will give Lavasa a hearing as to whether construction work should be stayed and pass order on this issue by December 16.

The court also accepted the statement by the Lavasa lawyer that the Corporation will not carry out any construction meanwhile, that is till December 16th, when the court will hear the case next.

MoEF had on November 25 issued a showcause notice to Lavasa, which is developing a hill-station in Mulshi, Pune district, as to why it did not obtain environmental clearances as per Environment Protection Act and a 2004 notification. It also asked LC to stop the construction at the site.

Lavasa has challenged both the notice and the stay.

The High Court today asked MoEF "why no notice was given to the petitioner (Lavasa) before stay (to construction)".

Additional solicitor general Darius Khambata argued that in environmental matters, MoEF could pass such an order without hearing. MoEF was ready to give a hearing to LC anytime and pass final order by December 31, he said.

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