Lavasa Corporation can look forward to the Ministry of Environment and Forests (MoEF) clearance in three weeks.
The Maharashtra Government on Thursday assured the Bombay High Court of initiating ‘credible' action against violation of the developer in two weeks, and the Court pegged the timeframe for MoEF to pass its order within three weeks, both to run concurrently.
The Court told MoEF Counsel that the order (of MoEF) will have to clearly state whether the application (of Lavasa for regularisation) is accepted or rejected and, under no circumstances, will extension be given after three weeks. The matter has been posted for November 16.
Eco-clearance
On October 13, MoEF declined to award environment clearance to Lavasa Corporation stating that the pre-condition that ‘credible' action (by the Maharashtra Government) on violation of EIA notification 2006 had not been complied with.
Further, the Ministry order said the final decision on the environment clearance cannot be taken till all the pre-conditions are met including ‘credible' action by the State of Maharashtra and subject to the final orders of the High Court of Bombay as the matter is sub-judice.
5 conditions
The Ministry's five conditions stipulate credible action by the State Government against violation of Environment protection Act 1986; an undertaking by Lavasa Board that such acts would not be repeated; floor space index should be worked separately and not averaged; five per cent of project cost for corporate social responsibility and setting up of environmental restoration fund.
On September 23, the Bombay High Court directed the Environment Ministry to pass the final order on the regularisation application of the Lavasa Corporation, with regard to construction at township project in three weeks.
Sources said Section 15 of the Environment Protection Act would be applicable for the violations relating to the Lavasa hill station project.
The penalty clause under Section 15 states: “Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued there under, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.”