MoEF conditions coercion,draconian,Lavasa tells HC

The Lavasa Corporation Limited (LCL) on Tuesday told the Bombay High Court that the Ministry of Environment and Forests (MoEF) cannot lay down pre-conditions to continue its status quo maintained against the alleged illegal constructions in Lavasa. “This is nothing but coercion. This is draconian,to say the least” senior counsel Shekhar Naphade told the court on behalf of LCL.

An affidavit filed last month by MoEF director Bharat Bhushan had stated that the Expert Appraisal Committee (EAP) has listed five preconditions for the first phase of clearances (2000 hectares) in Lavasa. The conditions are credible action on the violations by the state government under the Environment (protection) Act,1986,a written commitment from the Board of Directors of the LCL that violations under the Act shall not be repeated,a clear demarcation of “no development/construction zone” as per Hill Station Regulations,at least 5 per cent of cost of project to be earmarked for Corporate Social Responsibility and an undertaking to earmark necessary funds regarding penalty and creation of an Environment Restoration Fund.

Naphade said the affidavit of the MoEF cannot be treated as an order and Lavasa Corporation Limited had written to the MoEF on Tuesday morning to hear them before formalising the preconditions listed by them.