Bombay HC Disposes Lavasa Corporation Pleas Against MoEFCC Orders, PILs Alleging Irregularities Still Pending

Mumbai: Even as public interest litigations (PILs) alleging irregularities in the Lavasa township project remain pending, the Bombay High Court has disposed of three petitions filed by Lavasa Corporation Ltd. (LCL) challenging orders issued by the Ministry of Environment, Forests and Climate Change (MoEFCC).

MoEFCC Alleged Serious Violations in 2011

In 2011, the MoEFCC had passed an order accusing LCL of serious environmental violations. However, during the proceedings, the Ministry acknowledged the scale of investment, job creation, and third-party interests linked to the project. It agreed to reconsider environmental clearance, subject to strict conditions.

HC Says Petitions Infructuous

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne on August 25 disposed of the petitions noting they had become infructuous after the MoEFCC granted environmental clearance to Lavasa on November 9, 2011.

The original MoEFCC order, dated January 17, 2011, alleged violations of Environmental Impact Assessment (EIA) Notifications of 1994, 2004, and 2006. It was based on a site inspection that found the Lavasa hill station project had caused significant environmental harm and lacked proper authorisation.

Ministry Later Granted Environmental Clearance

While halting construction at the time, the Ministry gave LCL a chance to regularise the project by meeting several conditions, including a penalty, setting up an Environmental Restoration Fund (ERF), and submitting detailed project documentation and a time-bound environmental management plan.

The court observed that LCL later submitted a fresh proposal that complied with these requirements, leading to the environmental clearance.

“In light of the environmental clearance now granted, the challenge to the January 17, 2011 order becomes infructuous,” the bench stated. The court has scheduled the next hearing for related PILs on September 12.

The Lavasa case has been under legal and environmental scrutiny for over a decade, and this ruling marks a significant development in the ongoing dispute.

Pending PILs Against Pawar Family

A PIL has been filed by activist Nanasaheb Jadhav seeking an inquiry by Central Bureau of Investigation (CBI) into the alleged irregularities committed by Pawar, his daughter Supriya Sule and deputy chief minister Ajit Pawar.

NCP supremo Sharad Pawar had then filed an application seeking permission to intervene in the PIL stating that several allegations were made against him with regard to the development of Lavasa hill station.

Jadhav had earlier filed a PIL seeking to declare the special permission granted by Development Commissioner (Industries) to develop Lavasa as void, arbitrary, unreasonable, undue political favouritism, breach of trust and bad in law.

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Earlier PIL Disposed With “Influence and Clout” Observation

The PIL sought quashing the special permission granted to the Lake City Corporation to purchase lands for private hill station Lavasa. The HC, on February 26, 2022, disposed of the PIL observing that there seemed exertion of “influence and clout” of the Pawar family in the development of Lavasa as a hill station, however, it refused to interfere with the same due to “gross delay” in the filing of the plea and considering that “third party rights have been created”.

Jadhav has filed an appeal before the apex court against this order, which is pending.