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The Ministry of Environment and Forests (MOEF) on Friday proposed to the Lavasa Corporation to appear before it and reply to the showcause notice issued to it,so that an order could be passed by December 31. It said the stay on the construction of the hillstation project would continue till then.
Additional Solicitor General Daruis Khambhatta,appearing for the Union Government,informed the court that Lavasa Corporation had violated norms prescribed in a 2004 environment ministry notification. The Ministry of Environment and Forests had issued a showcause notice to Lavasa on November 25,alleging that it had not secured environmental clearances before starting construction on an area measuring nearly 5,000 hectares.
Lavasa had filed a petition,challenging the notice,on November 30. Its lawyer contended on Friday that Lavasa,being a hillstation,did not need the environmental clearances under the 2004 MoEF notification. Its petition had drawn a comparison with the Sahara Indias Amby Valley project,saying that the hillstation project didnt require environmental clearance under the same notification.
The corporation contended before the division bench of Chief Justice Mohit Shah and Justice SJ Katawala that it had taken 76 sanctions,which included three from the MOEF. Further,we have worked to protect the environment by planting 6,000 trees and also won accolades for conservation of soil,bio mass and tree plantations from various NGOs.
The project is worth Rs 3,000 crore and around 8,000 workers are employed at the site. The corporation is willing to bear the losses incurred but what about the loans taken from banks that are also suffering losses.
Lavasa has alleged that the ministry had,while issuing the notice,failed to consider the permission granted to it on March 23,2009 and June 3,2010,to establish transmission lines and start tunnel construction.
It also contended that the ministry had ignored the vast development taking place at the site for the past six years.
To this,Khambhatta replied,It does not mean that illegal work can be carried out.
The arguments will continue on Monday.
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