EIA notifications flouted LCL has denied charges of violating environmental laws.

The environment department of Maharashtra gave the final clearance to LCL in March 2004 under the Maharashtra Hill Station Regulations of 1996. The company did not apply to the Centre though the Environmental Impact Assessment (EIA) notification of 1994 mandated clearance from MoEF for tourism-related projects between 200m and 500m of high tide line and for projects at an elevation of more than 1,000m from sea level, involving investment of over Rs 5 crore. Since 58 ha of Lavasa city is above 1,000m height and the project cost more than Rs 5 crore, LCL ought to have applied to the Centre for clearance. Further, the mandatory public hearing and assessment of EIA report (see EIA reports raise alarm, p31) and environment management plan by EAC were bypassed.
Motor oil and urban runoff could pollute the reservoir (Photo: Dhananjay Helwade)

The state, in fact, misled the Centre on the

applicability of EIA notification on Lavasa. In July 2005, MoEF had written to the Maharashtra environment department saying the project attracts provisions of EIA notification and asked it to ensure all clearance processes are followed. The member secretary of the Maharashtra Pollution Control Board replied that the project did not require clearance from the Centre because it was at a height below 1,000m. The state environment departments letter to the ministry in August 2010 reiterated this stand. The letter said EIA notification of 1994 did not apply to the project as all constructions were between 640m and 900m altitude. A senior official in the Maharashtra Pollution Control Board confirmed the ministrys letter was ignored by the state. When the case was revisited after the MoEF stay order, the original copy of the ministrys letter was found missing from the files of the board and the environment department. When the letter could not be found, LCL gave us a duplicate copy, the official said, implying the company was aware it needed environmental clearance from the Centre. But in its affidavit in the high court, the developer claimed otherwise. The company claimed the amended EIA notification of 2004, too, did not apply to the project. The notification said all new construction projects, including townships and colonies meant for more than 1,000 persons or involving an investment of more than Rs 50 crore, need the Centres environment clearance. When this requirement was pointed out in court, LCL argued the project was not a new project because it had sufficiently progressed by 2004 when the notification was issued. But the documents submitted by LCL to the ministry show the company obtained the first permission for construction only in August 2007. A letter by Punes assistant director of town planning, dated November 2008, has clarified that Lavasa qualified as a new construction project. The investment made by the company as on July 7, 2004, was less than 25 per cent of the cost, a condition for an industrial project to be considered a new construction project, requiring clearance from the Centre, the letter says.

The developer also ignored the provisions of the EIA notification of 2006, which supersedes the previous two notifications. The notification says all townships and area development projects, covering an area of over 50 ha, commenced or upgraded after September 2006, need environmental clearance from the respective state EIA authorities. Since Maharashtras State Environment Impact Assessment Authority was constituted by MoEF in April 2008, all new projects should have been appraised by the Centre till that time. But the developer chose to apply to the Maharashtra EIA authority in August 2009. This proposal was too late and by then the environment had been damaged, as MoEF notes in its order dated January 17.

The Union ministry of environment and forests (MoEF) on Wednesday granted conditional permission to Lavasa Corporation to complete its buildings at its housing project site near Pune, even as the realty firm backtracked on its plea to withdraw the petition challenging the stopwork notice issued by the ministry. According to the affidavit filed by the MoEF before the Bombay high court, its expert committee has permitted Lavasa Corporation to complete construction of 257 buildings which are above the plinth level at its lake city. In view of the investments made and taking note of the hardships faced by the petitioners (Lavasa) and pending construction of 257 buildings that are above plinth level, construction is permitted with some conditions, the affidavit filed by the deputy director of the MoEF said. The conditionsinclude no digging or hill-cutting, digging or excavation or any other activity involving generation of soil or its use or transportation. Simultaneously, senior counsels Mukul Rohatgi and Janak Dwarkadas, appearing for Lavasa, told the high court that the petitioner would like to withdraw their petition challenging the stop-work notice issued by the MoEF last year. They told the court that Lavasa Corp would pursue its application filed before the MoEF seeking clearance for the housing project coming up in Pune district. Lavasa, however, backtracked after the division bench of Justice Ranjana Desai and Justice RG Ketkar refused to lift the stay on the stopwork notice. The bench said let the MoEF hear Lavasas application and would take a final decision on it. Initially, we (Lavasa) had said that the MoEF has no jurisdiction to issue stop-work notice. But today, we agree that clearance from the ministry is required. Lavasa is losing Rs5 crore everyday since the construction has been stopped. Till date, the loss has been Rs300 crore, Rohatgi submitted.

The Maharashtra Pollution Control Board (MPCB) on Friday filed a criminal complaint against Lavasa Corporation in the court of the chief judicial magistrate, NT Ghadge, for violation of the Environment Protection Act (EPA), 1986. This follows directives of the Bombay high court on October 20 to the MPCB to file a complaint under section 15 and 16 of the EPA. The MPCB named nine members of the board of directors and six officers of Lavasa Corporation. These include Ajit Gulabchand (chairman and managing director), a close confidante of Nationalist Congress Party chief, Sharad Pawar, and Vitthal Maniyar, among others. Section 15 of the EPA refers to a penalty for contravention of the act and rules, orders and directions, while section 16 stands for offences committed by the company. Violations under the EPA attract a penalty of up to Rs1 lakh and imprisonment of up to 5 years. Senior advocates Sadanand Deshmukh and SG Gawali, representing the state government and the MPCB respectively, requested the court to admit the case on Friday, as it was the last day to file it. The judge asked MPCB why it had filed the case on the last day, despite having two weeks to do it. The MPCB has prayed for summons to be issued to Lavasa Corporation. The court adjourned the hearing to Saturday, after scrutinising the complaint.

Inherent to Lavasa's foundation of New Urbanism, is the Environment Management Plan (EMP). This is a plan of constant, evolving action that addresses ecology concerns at several levels. From topsoil management, tree transplantation and mass plantation to the technologically superior processes of hydroseeding, soil, water and air pollution control and monitoring systems.

Some of the vital steps taken to protect, conserve, enhance: Increasing awareness amongst villagers in order to increase sapling plantation. Till date, a total of half a million tree saplings have been planted at Dasve, with an average survival rate of 60%. Minimizing soil erosion and facilitating ground water recharge by setting up a plantation of fast-growing shrubs, and 20000 running meters of continuous contour trenches (CCT), covering 33 hec (81.5448 acres). Implementing hydro seeding (which has been applied successfully for the first time in India) has resulted in a 44% germination rate over 12000 square meters of area. Nurturing fauna by preserving habitat and increasing biodiversity. Preserving green cover by protecting forest areas. Installing 3 weather stations to continuously measure and monitor metrological parameters such as rainfall, wind speed and direction, humidity and temperature.

Lavasa's strong focus on sustainable development and the on-site environment initiatives have shown significant results. The quality of air, water, soil, noise and biodiversity is monitored as per the Environment Management Plan (EMP) prepared by the National Environmental Engineering Research Institute (NEERI). These initiatives have enhanced and maintained the biodiversity and environment of Lavasa. Following this plan, these are some of the environment initiatives undertaken by Lavasa:

Click below to view the gallery

Water Conservation Water conservation is undertaken by the use of techniques such as irrigation system, drip & sprinklers in open area landscapes and water efficient systems.

Water Quality Management The treatment of sewage water is done to highest tertiary standards using both UV & Ozonisation.

Water Disposal The disposal of treated sewage is done after daily testing as per EMP. This sewage water is reused as construction water, landscape irrigation and dual flushing. This practice reduces water wastage.

Rain water management With the help of Continuous Contour Trenching a number of areas within Lavasa were able to achieve greenery. Rain water management has become an integrated part of the environment plans after achieving favourable results at the Nature Trail. Before

After

Biodiversity Initiatives are undertaken particularly for the conservation and restoration of existing flora and fauna. Practices such as slash and burn cultivation and tree cutting were stopped through mass awareness. During development of Lavasa, the maintenance and enhancement of the current environment and biodiversity has been a priority.

Before

After

Bio-diversity Enhancement Techniques such as mass plantation of trees, shrubs and stumps, manual seeding and hydroseeding for greenery generation and mass fertigation for soil nutrient enrichment have enhanced Lavasas greenery and bio-diversity. Before

After

Tree Plantation & Transplantation Along with tree plantations, efforts are dedicated to preservation of the old trees of Lavasa. Tree transplantation is undertaken wherever possible. When required, old trees were transplanted to new locations instead of cutting them entirely. Top fertile soil is also preserved and stored for further use in landscaping.

Environmental damage
An Indian Ministry of Environment and Forests team investigating Lavasa concluded the city has caused environmental damage. Post reviewing the project, this ministry provided clearance on 9 November 2011 to Lavasa with specific conditions, such as a cessation of hill cutting [41] activities, building of a sewage treatment plant, and anti-poverty CSR measures aimed at the local population.
[1][40]

[edit]Quarrying While Lavasa has stone crushing permits, its operations have been described as "hill cutting" and "quarrying" by the Indian Ministry of [42] Environment and Forests, and the environmental impact of these activities was investigated. [edit]Land

acquisition
2

Both government and individual land owners have taken issue with Lavasa's land acquisition approach. A report by the Maharashtra environment department claims 600 hectares (6.0 km ) of land bought by Lavasa Corporation was purchased from farmers who had been granted it by the Indian State. Because of the way in which the farmers obtained the land, three fourths of the purchase price should have been paid to the State. The report states Lavasa Corporation only paid 2%. It also alleges 141 hectares (350 acres) of Lavasa were leased for far less than actual value by the Maharashtra Krishna Valley Development Corporation and that Lavasa bought 98 hectares [12] (240 acres) of land without license. Some say land Lavasa is being built on was obtained through coercion. [edit]Nepotism Sharad Pawar, an Indian politician born in the state of Maharashtra, is alleged to have demanded compensation for allowing Lavasa to be constructed. When Lavasa Corporation was receiving necessary clearances from the government of Maharashtra, relatives of Pawar had part[43] ownership of the company developing the project. Pawar's daughter and son-in-law had more than 20% ownership between 2002 and 2004, [14] and they later sold their stakes. A nephew of his was chairman of Maharashtra Krishna Valley Development Corporation when it signed off on [43] lease agreements for Lavasa and allowed Lavasa to store water and build dams.
[5]

Lavasa Corporation denies this.

[14]