Mumbai: The Bombay High Court on Wednesday admitted a petition filed by Lavasa Corporation against the Ministry of Environment and Forests (MoEF) but granted no stay on the status quo order passed recently by the ministry. A bench of Justice B H Marlapalle and Justice U D Salvi said the status quo order continues but directed that the final order should be passed by the MoEF by January 10, 2011. 

Justice D K Deshmukh who was on the bench earlier had recused himself from the case on Monday after being informed that the law firm advising Hindustan Construction Company (HCC), parent company of Lavasa, on the IPO was Amarchand & Mangaldas & Suresh A Shroff & Co. Justice Deshmukh’s son is a lawyer with the law firm. 

On Wednesday, the court also directed Bharat Bhushan director, MoEF and its other officials, including members of its state level Environment Impact Assessment Committee to visit and camp in Lavasa for three days to thoroughly inspect the site before the final orders are passed. The inspection can be done later this month or early next year the HC said. 

The HC said it was satisfied with the issue raised by Lavasa regarding applicability of amended environment impact assessment (EIA) notifications of 2004 and 2006 which govern new constructions be considered and admitted its petition. The court, however, said it would be inappropriate to advert to its merits and demerits at this point. 

The court clubbed together all petitions —three PILs filed earlier on the issue, including adverse impact of water supply to Pune and for irrigation, and the new intervention applications made by five village heads in support of Lavasa. It listed them for further hearing on January 27, next year. The MoEF was directed to submit its final order to court and Lavasa by January 14 after which Lavasa is at liberty to challenge it afresh. 

Shekhar Naphade and Janak Dwarkadas, counsel for Lavasa, had argued that construction was going on since March 2004 on 2000 hectare spanning 18 villages after getting permission from the state to build an urban centre under the Hill Stations Act. Lavasa said it had 76 permissions including a couple from the MOEF and its work had caused no perceptible damage to the environment.