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LATEST NEWS UPDATES | Lavasa asked to explain ‘violations' in project by Amruta Byatnal and Priscilla Jebaraj

Lavasa asked to explain ‘violations' in project by Amruta Byatnal and Priscilla Jebaraj

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published Published on Nov 27, 2010   modified Modified on Nov 27, 2010

The Union Environment Ministry on Friday issued a show cause notice to the controversial Lavasa Corporation Limited (LCL), raising serious questions over a number of its constructions that it deems as ‘violations.'

Lavasa, India's first hill city, is the ambitious project undertaken by Hindustan Construction Company (HCC) about 45 km from Pune. To be built over 25,000 acres, the luxurious city now faces a serious problem with the Ministry notice.

The company has 15 days to explain why it built structures in Mulshi and Velhe talukas between 2004 and 2006 in areas which lay 1,000 metres above the sea level, and thus required an environmental clearance from the Union Ministry. By doing so, the notice states, LCL has violated Section (5) of the Environmental Protection Act, 1986 as per the provisions of Environmental Impact Assessment (EIA) Notification 1994, as amended in 2004 and 2006.

The notice states that in case LCL fails to give satisfactory answers, the Ministry can direct “the unauthorised structures erected without any environmental clearance between 18.03.2004 till 7.07.2004, from 7.07.2004 to 14.09.2006 under EIA Notification 2004, and further constructions after EIA Notification 2006 by M/s Lavasa Corporation Limited in Mulshi and Velhe talukas, district Pune, Maharashtra be removed forthwith in entirety.” According to the notice, the Ministry can also direct a ‘status quo' on further development and construction in Lavasa, pending the decision on the show cause notice. The Environment Ministry notice has asked LCL to show cause as to “why the Ministry's directions should not be made final.”

The Environment Impact Assessment notification was amended in 2004, to mandate such clearance. The State government was only permitted to provide clearance for structures for projects below 1,000 metres, the notice states.

Even existing projects had to follow this amendment if their investment at the time amounted to less than 25 per cent of the total cost estimate. Maharashtra records show that Lavasa's expenditure amounted to only 5.3 per cent of the sanctioned cost at the time, hence requiring the Central Ministry's nod.

An official statement issued by Lavasa Corporation Limited ‘in reference to media reports on the ‘show cause notice' issued by the Ministry said: “We are still to receive the notice. As and when such a notice is received we will respond after studying the same.” However, the notice is available on the website of the Ministry for public view.

Activists and locals who have long alleged major illegalities in Lavasa hailed the Ministry's decision.

Vishwambar Choudhari of the Oasis Environmental Foundation said: “We are glad that at least the Central government took notice, and considered the proof we had submitted regarding the illegal nature of the construction. The notice has been issued to Lavasa on the basis of this proof.” The Pune Collector's letter stating that 47 hectares in Dasve, one of the townships in the lake city, is over 1,000 meters above sea level, was given by Dr. Choudhari to Environment Minister Jairam Ramesh.

Oasis Environmental Foundation, along with the National Alliance of People's Movement (NAPM) has filed a PIL against Maharashtra and the LCL in the Bombay High Court.

Medha Patkar, who heads NAPM, said: “We are happy that the Ministry has taken the first legal step against the project.”

However, the notice only mentions the environmental aspect, while, according to Ms. Patkar, the LCL has also violated human rights. “Locals in the region have lost their land to the project. Their struggle is still on. All the bureaucrats and the politicians involved should be brought to book,” she stated.


The Hindu, 27 November, 2010, http://www.thehindu.com/todays-paper/tp-national/article916515.ece


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