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This is an archive article published on November 1, 2011

Maharashtra govt set to prosecute Lavasa top brass

Conviction could carry a Rs 1-lakh fine and up to five years’ imprisonment.

The Maharashtra government is set to initiate criminal proceedings against top Lavasa Corporation Limited (LCL) bosses including its chairperson Ajit Gulab-chand for alleged environmental violations in the Lavasa township project.

Sources said the action against LCL directors could come this week — before the November 16 hearing in the Bombay High Court where the state government has to make its stand on the matter clear.

The union environment ministry had set LCL five preconditions for clearance to its first phase which included “credible action by the State Government of Maharashtra against the violation under Environment (Protection) Act,1986”.

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As part of this “credible action”,sources said,the state government will file proceedings before a Pune court seeking prosecution of Lavasa officials under this Act. Conviction could carry a Rs 1-lakh fine and up to five years’ imprisonment.

Gulabchand,whose proximity to NCP chief Sharad Pawar is well known,had met Maharashtra Chief Minister Prithviraj Chavan last week. Chavan is believed to have indicated to him that the state government had little choice but to go by the directive of the court — for “credible action” — and initiate proceedings.

When contacted,Gulabchand told The Indian Express: “The only thing I asked the Chief Minister is to give me my clearance (for Lavasa).” Asked about his possible prosecution,he said: “I don’t understand why the preconditions are being imposed and (this) arbitrary action is being taken by the Environment Ministry.” He said he had met senior ministers in the government at the Centre as well as Prime Minister Manmohan Singh asking them to clear approval to the Lavasa project at the earliest. “There is a lot of injustice being done here. All we want is our clearance. Why are you holding back such a huge project? Fifty thousand workers have lost their jobs. All those who have bought places in Lavasa are suffering,” he said.

Construction in Lavasa hill town was stopped last November when the Environment Ministry,then headed by Jairam Ramesh,show-caused LCL compelling Agriculture Minister Sharad Pawar to go public with his disapproval. Pawar had told The Indian Express then that he did not understand why notices were being sent to Lavasa. He had also pointed out he himself had taken the initiative,as Chief Minister,to promote hill stations and lake districts in Maharashtra along the lines of the Lake district in England.

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After Ramesh’s exit from the Ministry in the last reshuffle,his successor,Jayanthi Natarajan,also refused to clear Lavasa’s application for clearance of the first phase of the 5000-hectare project,pointing to pre-conditions that LCL had agreed to comply with.

In an order issued earlier this month,the Ministry pointed out that while four of the five preconditions were adhered to,there was no compliance on the first precondition of “credible action by the State Government of Maharashtra against the violation under Environment (Protection) Act,1986” and,therefore,the Ministry was unable to issue the environmental clearance to the first phase of Hill City project. Lavasa Corporation,however,has objected to the October 13 ministry order,saying it is not a final order.

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