No.2l-9 | 2011-IA.

III Government of India Ministry of Environment & Forests

Paryavaran Bhawan, CGO Complex, Lodhl Road, New Delhi - 110 OOg. Dated: Order Subject: 13tu October, 2oll.

Environmental Clearance for the Development of HiIl Station Township rst phase (2ooo ha.) at village Mulshi and velhe Talukas, District Pune, Maharashtra by InA. Lavasa Corporation Ltd. - Reg.

Lavasa Corporation submitted an application to the Ministry on 2,d Februaqr, 2or1' and subsequent letters seeking prior Environmental Clearance for the above project under the EIA Notificidon, 2006. The proposar was appraised as per prescribed procedure in the light of provisions under the EIA Notification, 2oQ6 and its subsequent amendments ii zoog/2011 and on the basis of the mandatory documents enclosed with the applicaiiort viz., the Form L, Form 1A and Conceptual Plan including EIA, EMp and the additional clarifications furnished in response to the obslrvations of tne e*pett Appraisal Committee constituted by the competent authority in its meeting" fr.ta on 14th -15* February 2oll, grd - {th March 2orr,5tn - jti' April 2olr,I , r* _ 12fr May 2OIL and 31"tMay 2011. 2. In its meeting dated 31st May, 2011, a copy enclosed at Annexure 1, interalia the EAC recommended the proposal for-the issue of Environmental Clearance for the I"t phase witl. certain conditions and the Ministry accepted these recommendations. Accordingly an affidavit was also been filed in the Hon'ble High court of Bombay on 15th June, 2orr. In pursuance of the aforesaid acceptance, the folowing pre-conditions were stipuLt"d, "(il Credible action by the State Government of Maharashtra violation under Environment (protection) Act, 19g6. against the '

(ii)

Submission of a written commitment by M/s Lavasa Corporation 'Board Ltd. in the form of a formal resolution from of Directors of the company that violations of the Environment (Protection) Act etc. shall not be repeated.

(iii) The scale and intensity of development of the hill town shall be as per Hill Station Regulations and shall be revised based on developable/ buildable area. A clear demarcation of "no d.evelopment/ construction zonef ate{ shall be identified comprising of (a) all water bodies (b) forest lands/forest like lands and (c) ri."* steeper than l:3. The developable/buildable areas shall be verified through state

Government/Director Town Planning and the calculation -* of FSI shall be made accordingly. No developnient shall u" tJ.r, ,r, areas steeper !ha1 or equal to 1:3. The FSI calculation shall be worked out separately based on rand uses and shan not be svvrqb! for the calculation of FSI. """r"g"a (iiiil At least 5%oof the total cost of the project shall be earmarked towards the corporate social Responsibilitr (c"sRf and item-wise details along with time bound q"!gn plan shari d" ;;;pared and submitted to the Ministry's Regional Office at,Rfuspr1. Implementation of such program shall be ensured accordingly in ti_. bound manner. " (ivi) LcL shatl submit an undertaking/commitment to earmark necessary/adequate funds as per report to be submitted shortly regarding the quantum of penalty/ie-compense and creation of Environmental Restoration Fund. In addition to above, the concurrent conditions as stipulated by the expert committee shall be monitored by a high level Verificatron and Monitoring Committee (VMC), which shali be constituted with inclusion of eminent experts, representatives of MoEF and District Administration etc. The committee shall examine, verify and monitor at various stages (planning, construction, operation and maintenance) of the project for conipliance of the conditions. Budgetary provisions shall be made to the satisfaction of the committee' The VMC shall be vested with powers to take any action as it deems necessary in the interest of protecting/restoring the envir6nment.,, 3' It is to be noted that with reference to Ministry's letter of even number dated 10ft June,2ol1, the state Government Maharashtra observed that "It is aduisable for the Enuironment Depart to make a reference to the linistry of Enuironment & Forests, Union of India and obtain Ministry of Enuironment & Forest's clarifi"cation and. take appropriate action ifier bringing the facts to the notice of tlte Hon'ble HW Court in the pending Iitigation- TLrc Law & Judiciary Department has opined that ,,in uieut of the pendencg of the Writ Petition No. 9448 of 2010 as eutdent the amended order dated 5.4.2011, the lssue about appticabilitg from of the EIA Notifi'cation 1994, 2004 and. 2006 haue not be resolied.. Coisiiering the fads and circamstances, chronologg of euents and specific preadings raised bg the petitioner about the-non-applicotion of^Z7o+ ind 2006 Notifications for deuelopment o7 zotio Hectare land before the autLnrities and also the obseruations-of Hon'ble High Court at ptara 12 of order dated 22.12,.2010 and furth.er litigation raised ba M/s LiL and subiudice isszes and the prouiiions contlained u/s 16 of the Enuironment (Protection) Act, 1986. It is aduisable for the Enuironment Department to ryake a reference to tLrc MoEF, [Jnion of Ind"ia and obiain MoEF,s claification and lake appropriate action after binging the facts to the notice of Hon'ble High Court in pending litigation.,,

Annexure 2 is a copy of the letter of Government of Maharashtra 2OthJuly, 2OLI is enclosed.

dated

4. Chairman, M/s Lavasa Corporation. Ltd. (LCL) in his letter dated 21"t June, 2ALI addressed to Hon'lcle Minister for Environment & Forests has accepted the 5 pre-conditions as mentioned in the affidavit filed by the Ministry on 15th June, 2OII, stating that : "I would like to mention here that of the 5 pre-conditions mentioned. in the Affidauit, u)e haue complied utith atl the pre-conditions except precondition No.(i)linked to th.e fr,ate Gouernment." 5. M/s Lavasa Corporation. LJd. (LCL) vide their letter dated 12tr' July, ZOLL requested that before an order imposing any pre-conditions or conditions if passed, they should be given a personal hearing in the matter as it may result in adverse civil consequences for them. Accordingly Ministry hai constituted a three Member panel to give a personal hearing on Sft Algust, 2OII. 6. M/s LCL submitted another letter on 27h July, 2011in which they have submitted commitments to some of the pre-conditions and requested that appropriate decision may be taken without waiting for an oral hearing scheduled on Sft August, 2O11. It is also mentioned in this letter that para 1i of the Judgment of Hon'ble High Court dated 22"d December, 2OlO in writ petition No.9448 of 2010 the issue applicability of EIA Notifications and their alleged violations are under consideration of tJle Hon'ble Bombay High Court. As approved earlier, it was informed to M/s LCL that as the date of hearing had already been fixed for Sth August, 2oLl, the panel would sit and bi available on that day and time and if they wished to come for hearing or to submit any additional information they could do so. 7. Representatives of M/s LCL attended the hearing on Sth August, 2OII at 3. p.m. and submitted a letter signed by Mr. R4jgopal Nogia, Group president in which they also enclosed the resolution of the Board of Directors stating that company will ensure that all provisions of Environment (Protection) Aci shall be scrupulously followed and violation of the Act (if any), as averred by MoEF shall not be repeated. They further committed that the scale and intensity of the hill station town would be as per Hill Station Regulations and FSI would be worked out separately based on the land uses and as per Hill Station Regulations and shall not be averaged for calculation of FSI. M/s LCL also committed 5% of the project cost would be earmarked towards Corporate Social Responsibility (CSR) and further committed to earmark reasonable funds for any environmental upgradation. 8. The details submitted by M/s LCL were examined was noted that submissions to various conditions were a the company to comply with stipulations except the first violation. Annexure 3 is a copy of the proceedings along by the panel and it sort of willingness of condition r.latirtg to with references from

M/s LCL dated 12ft July, 2o1L,27h August, 2OII are enclosed.

July,2olr

and submissions made on sth

9' In the meantime, Mr. Ajit Gulabchand, chairman, M/s Lavasa corporation Limited (LcL) sent a letter dated 13th september, 2orr addressed to Hon'ble Minister for Environment & Forests regarding treatment given to M/s LCL as contrasted to other projects. The details submitted are examined by the Ministry. The projects of L&T park, r"r"t", -punja! Akashya sattrpathya, _ Mumbai, AHR, j*rd!*, and Bird nirpr., Hoter, Maharashtra are covering areas of 3 ha., 2 ha., t.z na. and 0.6 rr".?""p"ctivery and t1.e built up area of these projects are even lesser than ttrat. In the above projects, the project proponents started construction prior to obtaining Environmental -construction/deveropment clearance. Lavasa's project is a large project covering an area of 2000 ha. and locat"ed in the hiuy t".rain which involved large scale cutting and filling and change of drainage pattern. The magnitude of violation and impact of environm-ental degradation is spread on larger areas. The pre-conditions are required for pro3ect to safeguard the or further degradation where"" itt oft91 cases pt"-"ottaitions ",r"rr"typ" were not required. -smaller The comparison of Lavasa project with other projects is not relevant or applicable as the projects are totally different and distinguishable. Annexure 4 is the letter of chairman, M/s Lavasa corporation Limited. on the credible action on violation of EIA -10' A" the pre-condition Notification, 2o06 has not been complied with, the Ministry is unable to issue the Environmenta-l Clearance to the iirst phase of Hill City project (2ooo ha) of M/s LCL' The final decision on the Environmental Clearance cannot be taken till all the pre conditions are met including credible actiott uv 1rr" State Government of Maharashtra and subject to the-final orders of the Hon'6le High Court of Bombay as the matter is sub-iudice. 11. 12. Inform all concerned accordingly. This issues with the approval of tJre competent Authority.

Encl. as above 1) 2) 3) Lavasa Corporation Ltd. The secretaqr, Department of Environment, Govt. of Maharashtra, Mantralaya, Mumbai - 4OOOS2. The chairman, cpcB, parivesh Bhawan, cBD-cum-office complex, East Arjun Nagar, Delhi - 110092. The chairman, Maharashtra coastal zone Management Auttrority, Room No.2I7 (Annexe), Mantralaya, Mumbai _ 4OOW;. The chairmarr, Maharashtra pollution contror Board, Mumbai. Guard File.

4) 5) 6l

Proceedings of the hearing held on Sth August. 2O11 M/s Lavasa Corporation Ltd. {LCL) vide their letter dated 12ft July, 2OIL has requested the Ministry that before an order imposing any preconditions or conditions is passed, they should be given personal hearing in the matter as that may result into adverse civil consequences for them. Accordingly, Ministry has constituted a three Member panel to give them personal hearing on 5ft August, 2OLL. The members of the panel
are:

i) ii) iii)

Dr. (Mrs.) Nalini Bhat, Adviser Dr. (Mrs.) P.L. Ahuja Rai, Director Shri Bharat Bhushan, Director

Lavasa Corporation Ltd. was represented by the following: i) ii) iii) iv) v) Shri Rajgopal Nogja, Group President Lt. Gen. S.K. Jetley, (Retd.)Sr. Vice President, HCC Shri Bodupali, Sr. Vice President, Legal Shri Suresh P. Pendharkar, Chief Planner Shri Raj Mhatre, Executive

During the hearing, LCL stated that they have submitted a letter 2. on 12ft July, 2AIL in response to the Ministry's letter dated 27th Jwne, 2OIL wherein MoEF has directed LCL to submit a written commitment with regard to pre-conditions for issuance of environmental clearance. They further stated that they have submitted another letter of 27& July, 2OIL, in which they have submitted some commitment on some of the pre-conditions and requested that an appropriate decision may be taken without waiting for the oral hearing scheduled on 5*'August,2O11- A copy of the MoEF letter dated 27b J:une,2oI l is annexed at A'. At the outset, it was clarified that the hearing is only limited to the 3. request for consideration of five pre-conditions as informed by the ivtinistry in their letter dated-27s ,Iune;-2O1-1'and.no other. issues.would be discussed. M/s LCL agreed to this framework and gave a signed documents on Stt'August, 2011 such as the resolution of the Board of Directors along with a self-contained note on different pre-conditions. 4The panel noted that some of the clarifications stated in the letter of 27h July, 2011 are in departure of their earlier letter of 12ft July, 2OlL, wherein heading and text are different and asked that whether the letter of 27l*.July, 2OIL supersedes the earlier letter of 12ft July, 2AIl. The representatives of LCL informed that letter of 27b Juiy, 2011 is the final letter and 12ft July, 2OL1 letter may be ignored and confirmed that 2Ta July,2OI1 letter supersedesthe 12ft July, 2OII letter. They further

stated that the 27h July,2}ll letter should be read with the Sft August, 2OIL submissions. A copy of the letters of 12e July, 2OLI and.27*- July, 2OIL submitted by LCL are annexed at 'B'and 'C'. 5. LCL further stated that as directed by MoEF vide letter dated 27h June, 2OIL informing the pre-conditions before the issue of Environmental Clearance, they have submitted point-wise details. Pre-condition {i) The constructions/ deuelopment carried out till nout are in uiolation of Enuironmental (Protection)Act 1986. The uiolation has to be dealt as per OM No. No.J-I1013/41/2006-IA. II(I) dated 16th Nouember 2010. As per aftl of the aboue OM, LCL shall submit a uritten commitment uithin 9A days, in the for* of a formal resolution from Board of Directors of ttrc companA for consideration of ifs enuironment related policg/ plan of action to the Ministry to ensure that uiolations of the Enuironment (Protection)Act etc. shall not be repeated. In response to the pre-condition number (i) of the letter of 27tn June, 2OII, M/s LCL submitted a response vide its letter of 27h July, 2OIL. In reference to pre-condition (i) it is stated that: a). You are aware that we have filed a writ petition in the Honble High Court of Bombay, being Writ Petition No.9448 of 2010. The said writ petition relates to the Ministry's Show Cause Notice dated 25. I i.201O. The said Writ Petition was extensively heard by the Hon'ble Bombay High Court and at the time of the hearing, the Additional Solicitor General on behalf of the On_ 22,L2.?9lO-,.. lhg Mirrist-ry--rnade ."d_-e-tailE_d._._q_qb,-mi_s._Si-o:l-s-. Hon'ble Bombay High Court, inter alia passed an order and observed as follows: Para l2.of the Judgement: "We are satisfied that the issues raised bg the Petitioners regarding applicability of the Notifications refened to hereinaboue is required to be considered, and it utould not be appropriate to aduert at this stage to tlw meits and de-merits of the arguments aduanced bg the respectiueparties." b). tt is therefore evident from the aforesaid Order of the i{onble High Court of Bombay that the issue of applicability of the EIA Notifications and their alleged violations is under consideration of the Bombay High Court.

c).

It may also be noted here that the counsel for the State of Maharashtra had also stated on L2-O7-2O|I, during the hearing on the matter in the Honble High Court, that the matter of the applicability of the EIA Notifications and the alleged violations are already under the consideration of the Hon'ble High Court, and hence the question of taking any action by the State Government does not arise. On the basis of the above, we humbly request till a decision is finalized by the Hon'ble High Court, we are unable to submit compliance as per o.M. dt. 16.11.2010. We will abide by the Hon'ble High Court's decision in the matter.

d).

M/s LCL also submitted during the hearing a certified true copy of the resolution passed by the Board of Directors of LCL at its meeting held on 25ft July, 2Ol1 in Mumbai. The copy of the Board of 'D'. According to the above Board Directors resolution is annexed at of Directors resolution the company resolved that i) the MoEF is of the view that the constructions/ development in Dasve sector (68I.27 ha) was carried out without obtaining prior Environmental Clearance und,er EIA notification 1994 as amended in 2oo4 and also EIA Notification 2ao6, although the company maintains that no prior environmental clearance was required under the said Notifications. However, in response to the precondition no.l of the letter dated 27t*: June, 2011, Company will ensure that all provisions of EP Act shall be scrupulously followed and violation of the Act (if any), as averred by MoEF, will not be repeated. ii) in case any approval is required from MoEF, for any of our projects, oui company will approach MoEF for obtaining necessary clearances and construction of the project(s) will be initiated as per iii) the Company has in place enviionmental related policies/plan of action and the sarne has been placed before the Board. The panel noted that the resolution does not include the company's Lnvironment related policy/plan of action which M/s LCL confirmed that they would submit within three months. LCL also submitted the response to the other pre-conditions as 6. under:

Pre-condition (ii) The scale and intensitg of deuelopment of ttrc hill town shal1 be as per HiIl station Regulations and shalt be reuised. based on deuelopable/ buildable e"res.. A clear demarcation of "no deuelopment/ construction zone/ area" shall be id"entified comprising of (a) aII uater bodies (b) forest lands/forest tike lands and (c) areas,steeper tlwn 1:3. The deuelopable/buildable areas shall be uerifi.ed through State Gouerrrment/Director Town Planning and t|'Le calculation of Fs/ shall be made accordingly. /vo deuelopment shall be taken up in areas steeper than or equal to 1:3. LCL commitment to precondition {ii) We hereby undertake/commit that the scale and intensity of the hill station town would be as per hill station regulations. It is in the process of reviewing the layout plan of the area based on developable/ buildable area. Further a clear demarcation of "no development/ construction zonef area" would be identified based on the contour maps which would indicate {a) all the water bodies (b) forest lands/forest like lands and (c) areas steeper than 1:3. We further undertake/confirm that the development would be undertaken only on the developable/buildable area. The map showing developable/buildable area will be submitted to the State Government/Director of Town Planning. We will get the same verified by State Government/Director of Town Planning within 90 days. Precondition (iii) ............The.F)SI.calanlation...slnll..he-..uar.ked.-out..separatqlg on land based uses ond slmll not be aueragedfor the calculation of FSI. LCL commitment to precondition (iii) We herby undertake/commit that the FSI would be worked out separately based on land uses and as per hill station regulations and shall not be averaged for the calculation of FSI. Precondition tiv) At least 5o/oof the total cost of the project shall be earmarked towards ttrc corporate social Responsibilitg /csR/ and item-wise details along uith time bound action plan shall be prepared and submitted to the Ministry's Regional Office at Bhopa.l.

Implementaiion of such program time bound manner.

shall be ensured accordingly in a

As regards the pre-condition No. (iv), LCL stated that, to the best of their knowledge, no such condition has been imposed while granting environmental clearances to any of the construction/area development projects in the country. Moreover, all the activities project area, the within network construction road like villagers, facilities and other amenities for the transportation constructing new houses for the villagers, hospitals, schools, all control, activities, pollution Wpes of soil erosion control afforestation measures etc. are under the ambit of Corporate Social Responsibility in view of the aforesaid parameters of Corporate Social Responsibility. We place for your kind consideration the fact that we have already spent crores of rupees by way of discharging our Corporate Social Responsibility and further committed to continue the same. It is requested that whatever we have spent should also be included in the earmarked amount towards out and The details activity. Responsibility Social Corporate pholographs of the same in compliance of our Corporate Social Responsibilify activity have already been submitted during the EAC meetings. Further LCL committed that: LCL commitment to precondition (iv)

o/oof the project cost (i.e., 5 o/o we hereby undertake/commit that 5 of the cost of the project for 2000 ha (Phase I) as mentioned in our Social Corporate towards be earmarked would application) RlsponsiUiiify (CSR). This earmarked amount is being utilized within the pioject area over the period of the developmental phase of the project.- Item-wise allocations along with time bound action plan would be submitted in 3 months from the date hereof. Pre-condition (v)

LCL shatl submit an undertaking/ commitment to earmark necessary/ adequate funds as per report to be submitted shortly regardinj the quantum of penalty/re-compense and creation of Enuir onmental Res t or ation Fund LCL response to pre-condition (v) is: With regard to pre-condition (v) as mentioned in Ministry's letter, MoEF has constituted an expert team to look into the details and to suggest the Environment restoration fund. The said expert team is yet-Io release their findings. We would like to reqrrest you here

that we may be given an opportunit5r to examine the findings of the committee in the context of what is required to be restored. LCL further committed that:

We herby undertake/commit to earmark reasonable funds for any environmental up gradation. If required on perusal of the findings of the expert team as and when they are made available to us. It is requested that we be given an opportunity for such a perusal and examination of the findings. 7. LCL further stated that they are undergoing a great hardship, suffering and are on the brink of collapse and diiaster anb .equested the Ministry to issue an environmental clearance of the first phase of the project urgently. 8. It was noted that submissions to various conditions by LCL signify the willingness of the company to comply with stipulations excepl the first condition relating to violation. It was noted that this issue on applicability of EIA Notifications of 1994, as amended in 2oo4 and EIA Notification, 2006 to the Hill city project is sub judice in the Hon'ble High court of Mumbai in the related writ petitions and IAs thereunder. 9. After submissions of the details on pre-conditions, the hearing was concluded.

efraq 1Natfii-i

(P.L.Ahrija Rai) Director

Uw-

rat Bhushari Director

A n r,r92r utr,t-

Minutes of the lol"t 3.1

EAC meeting hetd on 31"t Ma

zOLL

rA.rrq

Environmental Clearance for the Development of Hiil Station Township at Village Mulshi and Velhe Talukas, District Pune, Maharashtra by M/s. Lavasa corporation Ltd [F.No. zL-g/zoLL-

On the basis of complaints received about the development of a Hill Station Township "Lavasa City" at Taluka Mulshi and Velh., Di.tri.t pune and after getting a preliminary report from Department of Environrnent, Government of Maharashtra, Ministry issued a "Show Cause Notice on 25il. November 2OIO to M/s Lavasa Corporation Limited (LCL). 2. LCL filed a Writ petition in the Hon'ble High Court of Bombay o1 28h Novembers 2010. The Hon'ble High Court in its order dated ))ndfisgsmber, 2OlO directed for a site visit of the project by State Level Environment Impact Assessment Authority or the Central Level Committee. Accordingly, a site visit of the project site was undertaken by the Committee along with officers of MoEF under the Chairmanship of Shri Naresh Dayal from gth - /th January, ?OIL. On the basis of the site visit r"poti and hearings undertaken, Ministry issued final directions on 17ft January, 2oll. 3. LCL submitted a proposal for obtaining environmental clearance for 1"t phase (200oha) on 2'd February 2OIL. The proposal was put up for appraisal in tlre Expert Appraisal meetings (EAC) held on 14ti'- iS* f'"Uruary 2OII, 3"t - 4th March 2orr, 5,h - 6ft April 2orl and l lth - 12ft May 2orr. During the appraisal in the earlier meetings, the Committee had made a number of observations on the environmental concerns about the location of the hill station township, cutting of hill slopes, concentration of metals and the pH of soil, construction of Bandharas, impact on water quality and arraiiability of water for the down stream areas including water supply to pune city. fne Committee also suggested to re-examine the EIA reports prepared in the year 2OO4 and 2009 by NEERI specially regarding the concentration of metals in the soil and surface waters, mapping of hill sropes steeper than 1:3, l;3 to 1:5 and flatter than 1:5, use..-.and..-disposal .-of-..-soil-: 11ggJfing---f;i3111...:.. digging/excavation for the construction of villas and roads, rlse of lreated uraste water and saving in enerry by using alternative source of energy and provision of health and education facilities as per norms. 4In the later meetings, the committee discussed the clarifications submitted by LCL in the light of observations made during the meetings as also representations received for and against the project. During presentations before the expert committee, it was informed by LCL that: (i) Government of Maharashtra (GOM) permitted LCL to develop a Hill Station on the lands from 18 villages from Mulshi and Velhe

Taluka of Pu'e district under the provisions of trre speciar Regulations for De'elopment of Tourist Resorts/ Horidal, rro'res/ Township in Hill Station T),peAreas, 1996. (ii) The site is situated on the hilr slopes of sar-ryadri surrounding ilre back-waters of Warasgaon dam. The altitude of the site is 63g.5m to 1050m from the mean sa level (MSL). It is about 6o Km from pune City on its southr,r,est. The area notified as a hilr station is 7zo0 ha, LcL is permitted to privately purchase 66T r ha. The LCL has so far purchased 3B3o ha and is in the process of purcrrasing the balance iand. A Master plan has been prepared for an area of 5ooo ha. The rsr phase of developl"_"lt is comprising mainly in Dasve (763.2g08 ll1, Bhoini (259.2641 ha), Mugao' (B3i.69l ha), padatghar (L2-O392 ha) and I{aloshi - ugavail 076.4791 ha} _ Totat 2048.75 ha. The development plan for the lst phase is frorn year 2oo4 to 2015 and the 2"d phase will be from year 2or4 to zozt rhe projected population for the 1st phase is 1. r Lakhs and rnrren fr-rlly developed on 5000 ha, the rrilr station rvil have .".ra"", population of 2-2 Lakhs in addition to the " floating tourist population. r The land use breakup of the l"t phase {2048.75 ha) is Residential 618.24 ha pO.a%), commercial 33.74.ha ( 1.7o/o) , Hotel 72.7T ha (3.3%), Institutional 2OT ha (10.1%), open space 908 ha ( 38.58 ha!,:ind o.ttiers209-ha (1'Sr90ha).
The slope analysis of 1st phase area indicate slopes steeper than 1:3 is 1O51.10ha (SS%),between 1:3 to 1:5 is 426.67 ha (22o/o) and flatter than 1:5 is 44B.S I ha (23%).

(iii)

(iu)

(v)

(vi)

(vii)

(viii)

5.

The committee also noted that:-

(i)

No objection certilg"r: was granted to the Lake city corporation by Maharashtra Poliution control Board for an area of 618i .3743 ha vide letter No. Bo/TB/Ro (He)/puNE/ 6s/44+ dated 30ft May, 2OO2. Department of Environment, Government of Maharashtra vide ietter No. ENV/cLEl 265lcR.los/Tcl dated 18e March, 2oo4 issued a letter stating environmental crearance for an area of

20OO ha. No details of process adoptecl for appraisal or under u'hich rules/regulations the clearance is issued \{ras not mentioned. (iii) consent to operate uras issued for an area of 6181.3743 ha by Maharashtra pollution control Board on 5d'January, 2005 u,hich i s v a l i d u p t o 3 0 t hA p r i l , 2 0 L 4 . First layout plan of the ?rea measuring 5g5.0 ha in village Dasave, Padalghar and Bhoini of Mulshi tatut<a \^/as approved on 31st August, 2006 by collector-, pu'e vide order No. pna'zNA/sR/ 69 / 2006. urban Development Department, Government of Maharashtra made an amendment in the Maharashtra Regional and rorvn Planning Act, 1966 vide dated. Ttr'June, 2aor regarding Special Development control Regulations for development of Tourist Resort/ Holiday Homes/ Townships. The ame,-rdments were:(a) The development contemplated as far as possible shall not involve the cutting of the moun tains, hon ever the construction on slopes having gradient betlt,een 1:3 lo 1:5 shall be allowed preferably foy using the stilts. out of the total permissible residential Floor space Index (FSI) of o-30, 25oA reside'tial Floor Space Index may be allor,ved to be utilised for ground + tr.l,o storied structures. Remaining FSI shall be allowed to be utilised for ground floor or ground + one storey structure. (Note: In the layout of Residential area, maximum 2soh prots may be allowed for ground + two storied structures, provided that area und.er such plots shall not exceed 2s% of total residential area)

(iv)

(v)

(b)

(vi)

Tl-re collector, Pune granted building permission on the plot measur:ing-..--10-,0O0--.-...S![::Efl:::..--of.,n.--,.the,,,-,::ab:o.ve::::::sanetioned-:,,,. constituting s.No.Bll of Padalghar for construction of Lod[e & Hotei for built up area of 172s.42 sq. m vide order No.pRA/ NA/SR/3OOl2A06 dated 3our August, 2007. The revised layout plan for an area of 613.94 ha. rn,asapproved by vide order No. PRA/NA/sR/ 262/2oor dated 7u'June, zoog and also granted building permission for residentia-l buildings having built up area L,L6,248.68 sq. m (cottages -42 nos., p3 DN _65 nos., P5 DH - 28 nos., P5 UH -6 nos., Villa i2 UH _24 nos., Villa 13 uH -46 nos., villa 6 uH -13s nos., Villa B DH -35 nos.. villa 9

(vii)

DN -90 nos., totar 471 number of buiidi'gs.) The above sanction rn'asonly.for ground + one storel, builaingsl (viii) The revised-rayout pian for non-agricultural permissions gra'ted cotector, pu'e

:Ir:ff

o., zu' Jrlne, zobs '\zasfor an i.ea of

(ix)

1 1 type of 935 reside.tial buildings \\rereapproved for a totar buirt up area of 2,42,377.O2gs_q.m rnitTr g.o._,rr.l 1 floors/ ground + + ! floors' out of 935 residential uuilaiiresl^ist rrrritdingsare almosr completed, 2sr buildings are undei construction aborre printh the consrructlon for 547 buildings are is yet to be l:::lJ:. LCL u'as dechf.g. -. Special plan.ing Authority for the area under their jurisdiction under the Sectlon 40(1)(B) of MR & Tp Act' 1966 vide Government Notification dated 12ri' June, 20OB qrith certain conditions. The total oi3656.28 ha nas 'otifleci for LCL as Special planning Aurhorify "."r (SPAJ subsequently, the la1r6q1 approved by collector, pune *ras re'ised b ]'sp A fo r 6 8 7 - 2 7 ha r vith a total 6uilt up ar ea of 4,55,605.60 sq m. o n l 6 ti r N o vem ber ,2OIA.
Maharashtra Krishna Va[ey De'eropment corporation (MKVDC) has leased 141.15 ha area for the constrrr.tior-, of Dasve Bancrhara and Gadale Ba'dhara o*n 30 years rease on z2nd septembe r 2oo2 under MKVDC Act 1996, out of which I2g.Zg ha is under submergence (i00 ha at Gadare and 2g.Tg ha at Dasve) of d?T,

(x)

(xi)

(xii)

Y,1::^*-1:l

1'-'d oniy rz.so--=rrJ'", Dasve is above

(a)

LCL- was permitted to construct B bandharas within the catchment area of warasgaon dam for a i"r"r storage capacity of 24-66 MCM within sobo ha. (5 bandharas in 2000 ha of

condition that appropriate ^.r"rrg.-ent discharge water from .the bandharas circumstances for down stream areas.

L2.gO MCM+ 3 bandharas s,ooorrr;ll*^ilCM;, i'

;ie;

w'r be made to in extraordinary

(b) According to the revised proposar submitted and being anproved by MKVDC, it is proposed to constructT bandharas with a total storage capacity oi LO.g4 MCM-

(c) The total claily fresh water requirement for 1't phase is i1.62 MLD. Total annual rvater requirement q'ill be 4.'24 MCM. 6' Tire committee earlier pointed out the inconsistency and incorrect clata and i[s analy5'i5 the BIA reports prepared ir-r 2OO4 and 2009 by NEERI. .in Based on the observations, LCL revised the reports. The revised report subrnitted is prepared by M/s Environmental Engineers & Cor-rsultants pvt. Ltd. NernrDelhi and M/s Team Labs and Consultants, Hyderabacl and the consultauts have collected and re-examined the samples for concentration of heaqy metals including Mercury and Arsenic in the soil and surface naters. As per the revised report of 1"t phase: (i) The results of concentration of the heavy metals including Mercury and Arsenic in the soil are within the trigger rralues as specified for soil human health path r,vays(IAtrA-TSCbOC- 1415). There are 3 quarries located in the project site at Bhoini, Mugaon and Koloshi. The coarse aggregate and sand is produced from the quarries/Crushers. The quarry at Bhoini is not in operation silce 2Oo7 and other 2 quarries are functionai. Permissions \ /ere obtained from Collector Pune under the Mumbai Minor Mrneral Extraction Acts 1955.

(ii)

7. LCL also revised the proposal based on the discussions in the rneetings and observations raised by the Committee. As per the revised details of the lst phase of the project, the total water ..qrir.*ent rvill be L5.29 MLD {fresh water requirement will be Lr.62 MLD, Source Bandharas). The total Capacity of 30 Nos. decentralised STps wiil be 14.ZO ML- The treated waste water will be used for flushing of toilets 3.g3 MLD, and balance 7.19 MLD rvill be stored in holding pondi and will be used for conslruction purposes, makeup water for cooling towers attached to DG sets and HVAC and horticulture purposes. The total quantity of solid r,rraste generation will be 70,030. i9 Kg/day. Bio-degradable waste will be disposed at site and also sludge from STP. The manure produced will b-e ,,,""d fo1. horticulture purposes and biogas will.be-used within.tlre township,,The.non-jj.,.rj:::j:,:: biodegradable wastes like empty bottles, plastic bags etc. will be sold to vendors- The hazardous waste/electronic waste will be stored separately and would be disposed as per EPA nor-J. The bio medical waste would be collected and would be disposed through authorised agency of MpCB. The total po\/er requirement will be 24O MW. It is targetea to-save energy b1, adopting energy conservation measures including non-conventional .r..gy to target a saving of 28o/o-32o/o.The total cost of the project rvill be n" 2 , 8 2 4 . O Oc r o r e s . 8) LCL aiso engaged the services of Remote sensing & GIS wing of Science & Technology Park Pune, for the purpose of preparation of a contour

map of entire project area in 2oos-2oor. The contour map prepared ancr r-econfirmed r,viththe cor-rtourpattern of survey of India topo_sheets. iJ,,..",|?l (i) committee noted that LCL has also given rheir commirme't to rhe All the construction and developmental u,orks wiir be witrri' the special Regulations for Hil station dated 26u, November, 1996 anct the amendments made there under from time to time uncrer Maharashtra Regional & Town planning Act, 1966 and the DCR,s of the SPA. All the Govt. orders by.Urban Developmentar Department (uDD), Govt. of Maharashtra will be followed ^in all J".r.top-ental rvorks. All the standardized buildi'g byslzws and Developmert co'tror Regulationsfor 'B'and 'c'craJs Mu'icipal counciis of Maharashtra will be followed.
The Hill station Regulations and the subsequent permissions n,iil continue to be followed in toto incruding the land use, slopes, ilre FSI and the number of storyes. The perririssions 'uvherever required will be taken and rvilr approach the appiopriate authoritl, under '. Laq' for any interpretation of deverop*.r,i"orr,rri "*-".

(ii)

(iii)

All the areas falling within slope steeper than 1:3 will be excluded from anlr sql16ing construction. The contour map prepared and re_ confirmed uv t19 above agencies will be followed in identifvi.g the areas fatling within sropes steeper than r:3. Alr;;-;;;s failing within slopes between 1:3 and 1:5, building construction u,ill be carried out with stiit preferably. Hill cutting would be avoided as far .,,.,, _ ",....,,..,=,A$*pqs.Eihle^ (u) The areas falling within water bodies would be exciuded from the total area in the computation of Global FSI. All the Rules Resulations under,.onvironmental protection Act, polrution 1986, wa!3 1n{ {prevention & contror } Act, Lg74 & Air Pollution (Prevention & Control) Act, 1981, Bio-medical waste (Management & Handling Rules), 199g, Hazardous u,aste (Managemenl 2003, Municipal solid waste F -I"".9ring)_Rules, (Management &. Tlandring] Rules, 2oao, The trnvironment Impact Assessment Notification, iooo 2oog *ih n. folrowed strictlv. / All the directions of Ministry of Environment & Forests, Govt. of India, Government of Maharashtra and Maharashtra polrution Control Board will be followed in letter ""a "firit.

(iv)

(ui)

(viii) All the conditions of the agreen-rer-lt nith Maharashtra l{rishna Valley Developrnent Corporation (MKVDC) u,ill be follor.r,edir-rregard to the s[orage of u'ater in banclharas ancl the discl-rarge of u,ater in extra ordinary circumstances in down strearn areas. permissrons u,ill be sought from MKVDC for construction of an1, acictitional bandharas- Measures will be aciopted for the enhancernent of aquatic flora and fauna r.n ithir-r the bandharas. (ix) The entire project area will be cleaned and checked before the onset of mot-lsoon so that the run-off is devoid of any pollutanl frorn non-point sources. Heary metals concentration to surface and ambient air urould be closely monitored during construction phase and at least 3 ).ears there after folloived by the monitoring of all aspects as per EMp. No chemical pesticides wilr be used in the project area. Solid rvaste segregation and installation of bio-gas plalt and organic rvaste converter unit for bio-degradable ,0,".t. and sluclge from STP- The bio-gas produced and the manure rvill be used u'ithin project area. The bio-medical waste will be outsourced to tire approved agency of MPCB and will be disposed u'ithin 48 hours. The hazardous rvaste vi'ill be sold to approved re-refiners registered with CPCB / MPCB. installation of sound proof D.G. sets and stack height as per EpA norms will be followed. Mass tree plantation will be carried out withir-r the proiect area and the target is to plant a total of 1O.OLakhs trees. pianiea trees niil be protected and maintained for their survivai. Holding ponds to store the treated water from srp u,ould be constructed to store the excess treated waste water in rainy days. The--tr.ansfer.-of-sewage-will be through DI - Kg and RCC - Np3 pipes and the treated sewage transfer by DI-K9 pipes only. In case of road - crossings, use of RCC pipes will be avoided or sufficient casing n'ill be provided.

(x)

(xi)

(xii)

(xiii)

(xiv)

(xt)

Treated waste water from STP from the project site u'ill only be used to raeet construction requirements. Recycling of treated waste rvater for flushing, horticulture purposes and cooling tower make-up so as to achieve zero discharge. The fresh water from bandharas will only be used to meet the non-flushing requirement. No srp or treated water storage pond will be constructed near the water

3:$:::

j:Jitt"'ion

of De-centralized srp,s distributedin rhee'tire

(xvi) Installation of Efficient sa'itary fixtures for reduction conservation of rvater' The globar a'd sooa pr"ctices for conservatio' of water will be adopted. (xvii) All the slope protection and soil erosion contror measures r.till be strictly follou,ed. The excavated/ cut earth r,r,1l be stored scie'tifically to prevent any erosion a'd to avoid sirtation in the urater body. The excavated earth *ili t;-;*ed for randscaping, road construction, bdck fili, as a building mate.iar and arso il_r. excess disposed onlv

;:11 iltj,::

in the idJntirieddump v";r. .,"r,u rrom

(xviii) The quarries and the cr-ushers within the site would follow all norms and the abandoned quarries will be converted as lakes/playgrounds in the landscape creveropmentar pran.

(xix)

lnffiiff:,::{,'ilmi:?

andtheseasonar ambie.t quaiitl, air

be folro,"ved ue

(>"x) Proper transport and traffic management plan --i;^;,,^:'1'^,_Y_itt will specially in traffic i'tense rr"""

i;-'I di;s M Iti Le I . u ve ;u I tlt H;. t;lT,X-,I "i'.".1";; " f; "'-'o"?i."""

measures as per MoEF norms and ECBC

(xxi)

All energi conservation will be followed.

(xx-ti) Lgqa]_lj{ , 4vai.labLe_.br+ildigg materials wiil be cernent concreteutocls mixea *i*. prrash used for construction. will be locally made and used.

(xxiii) flrffi*::ring

measures per NationalBuilding code as of rndia will

(xxiv) ffiJ:s?:tary

a'ocationmadein EMpand Monitoring pran

be

(xxv) The social obligations to the villagers with respect to their health, education, employment.local opportunlry and their dwe[ings w'r be complied. (xxvi) The emergency rescue preparedness plan w'r be adopted.

i0) Tire deliberations of the Committee inter-alia covered the matters rr-r the earlier minutes of the expert appraisal committee meeting held on I lri' 12tr'Ma-\'20ll (past miuutes encloseclfor ease of reference) in particular the details received from state Government of Maharashtra r-egarding the compliance of LCL u'ith regard to the hill station clevelop*.rri policy and regulations, requirement of Non-Agriculture (NA) approval and colstruction on MKVDC leased land etC. Tire cletails sent by ih. pri,r.ipal Secr-etary, Department of Urban Development, Govt. of Maharashtra dated 9u' May, 2orr were also discussed. A brief point-n'ise detail is as under: i)
(a)

Hill Station Policy:The Government in urban Development Department vide Notification dated 26Ll' November, 1996 has modified the sanctioned Regional Plan of Pune District to include Special Regulations for Development of Tourist Resorts/Holiday Homes/Torvnships in Hill station TYpe Areas under the provisions of sectio n 2o$) of the Maharashtra Regional & Town planning Act, 1966. As per the sanctioned policy of the Regional pian, slopes r,r'hich are steeper than 1:5 are not allou,ed for development. However, the Government of Maharashtra vide its Notification No.Tps1806l2o3/cR-434106luD-13, Trt June, 2oor modified the Regulation No.22 of Hill Station development and development o1 slopes, whicl-r are as steep as 1:3. The derrelopment contemplatecl, horvever', shall in no case involrre the cutting of the mountains. The development/constructions in hill station area are regulated and allou'ed according to Annexure-A as mentioned in Regulation No.26 of Hill Station Policl'.

(b)

(c)

Subsequently, the Government of Maharashtra vide Notification No.TPS-1807/L544lCR-82I l07 IUD-13, 28tr, February, 20OB has inserted a note that " with pior approual of the Gouentment, global FSI o/ deuelopment shall be considered sector-wise and shall be -.-"..---used.'in-..-tlte...--safile-. -.sector--ii...Accordingly, the Government of Maharashtra vide letter No.TPS- ISOB/ 449 I CR-93 I 08/ UD- i 3, 7tr', April, 2oo9 has given approval to allow giobal FSI sector-wise.

(d)

The Lavasa corporation Ltd., the special Planning Authority vide their letter dated 29t], March, 2oLL had comlnunicated to the Government that they have sanctioned as Special planning Authority an FSI of o.06 i.e. on a buildable area or os1 hectares, 41.57 hectares of buildable area has been sanctioned.: The above FSI has been worked out on the entire area of 681 hectares, but it is necessary to work out global the FSI on the
developable/buildable land, which means that the areas which are

FSI' It will, therefore, rr.r-r.".""..y@i"r pra'nirg Authority to demarcate the areas ,ut-,.r-.the slope" i.. steeper than 1:3, get the same verifred. ril;g;';le Direcror of TLw. planning and then calculate. the gtlua FSI on the basis of developable/buildable land onlvl ii) Water availability:_

,.#m:il;t1r3-',;,fi"

The LCL vide their application dated 29th october,2001 had requested for permission to construct 8 Bandharas or varasgaon dam and 2 Bandharas on 'allas.follou,ing in catchme't "..."^ w;; r,rrard(i.e. in Konkan area). Permission to construct g Bandhara. #." firr"r-, by MKvDc vide letter No.414B dated 2gtrt May, 2o02.The ,to..g.-capacity of 2 Bandharas varasgoan submergence is 8.04 in Mm3 ^.,E io.o: Mm3 of remaining Bandharas i' catchments of varasgaorl 6 d; As per- clause No.1o of agreement B.o4 Mm3 water is to^be ieleas.d t; LCL in varasgaon dam per the demand and instruction as of water Resou..es Department every year. The permission to utilise 66.63 Mm3 water is given b), MI{VDC vide letter No'6843 27m August, 2002. The rvater requirement $ate{ for LCL considering projected populaiion of 2.55 lakh rvith standard norrns (17s Itr'/capitalday) shall oL io-s Mm3. As per water Resources& Investigation circle, Pune report vide retter No.1465 oateJ zz.a April, 2oo2 there is in

i{hadakwasla ,y.i.* at 7s%dependability to

16..3^4rn3

feOUiremenf

iii)

,iiT'ii;$: :A::1 f ffi;, H: down i.,if.tio use in.".*tiiI.'i'il:-"ffi i"jlfiHl,?:tffjr:?: s "L tre n n", Si::
rf nrxt-cfraa* l--l-^L: -

'o'3lH,lj ;; .r1 e{ffi 5il;* ill.i:Ji"#:'' yll?:j 3T, :". _1. .:l:* 3: s il;i;i'*il, u s ti**,lr 3i"T,l1?, If;l''i
nf f :arrqao ^i+-, ^^ -^,, rr

and yietd avaitable is lt;i:o"S:::.r, 178'13 Mm3. Hence :-'1,1."1*"^i. theutiliz;#" batance ir wiu noraffect rffi;"J#L3fi

MKVDC land leased:_

The land ieased

-?3,o s.pi.*u. r, 2oo2 for a period of 30 (thirby)years' The total leased land is 141.i5 ha out of which r2g.Tgha land is under submergence of varasgaon and only 12.g6 ha land is out of submergence.

to Lavasa cr,rnnqnr/ ci,,oL-. rf,rzr,^^ provisions orMKVDC t#,3:,',ril:,TilflT",Jt,.K:?.:#;rt:; Act, leased land is executed on dated

As Lavasa is authorized as SpA b), the State Government, Lavasa has permitted the construction of building & structures on leased land in their .yurisdiction. ir) Special Planning Authority:-

On the request of Lavasa City corporation, LCL has been declared as Special Planning Authoritl' (SPA) for the area under tireir jurisdiction nnder the Section a0(1)(b) of MR & TP Act, L966 vide Government Notification N o . T P S - L B O B / 4 4 9 l C R - 4 9 3 / 0 8 l U D - l 3 d a t e d 1 2 d . J u n e , 2 O O Bw i t h c e r t a i n conditior-rs. As per the regulation No.2B of the Hill Station Developmept Policy, Development Control Regulation of C class Municipal Councils shall be applicable mutatis mutandis except those expressly provided in the Policy. Also, while granting status as a SpA; the Government has incorporated certain conditions as below : Conditions No.2 - "The SPA has no right to grant any rela>ration in the present DCR applicable to notified area." Conditions No. 5 - "The SPA shall follor.vthe DCR and the provisions of sanctioned regional plan and amendment made to it from time to time. Aly violation in DCR and provision of regional plan shall be liable for legal action by the Collector, Pune." v) Requirement of NA approval:-

As informed by the Govt. of Maharashtra regarding the requirernent of NA approval for layout and building plan even if approved b1, SpA, it is mentioned that: "The person who has intended to change the use of land, should obtain the NA permission as per section 44 of MLR code 1966. As per the Hill Station Policy Regulation No.25, hill station development shall be treated as an industry. As per the policy Regulation No.20 of Hill station development that being an industry shall not require NA permission, but as per Section 44 (A) (2) of M.L.R. Code, L966 where permission is required for in.dustrial .user.-they,.shall, be.required to give-iratimatisn of.the date .b.onafide-, on which the change of user of land has commenced within 3O days from such date to the Collector." Lavasa City Corporation as SPA has not communicated the change of use to the Collectorvi) within 30 days

Approvals by SPA and submission to the State Government:-

As stated above, the Government has granted SPA status to Lavasa City Corporation vide Notification dated 12.6.2008 with certain conditions. The relevant ones are:

a)

All development permissions granted b1, the SpA shall be brought to Pune

ffi;T[H:t"tt'

within a periodor 3 monrhsfrom the dateof granr

it is seen that turo permissions given by the special ptranning Authority ha'e been brought to the notice of aDTp, after a period of two years. b) The provisions of Section 11_5 and other provisions of the said Act shall be fully applicable to the said notified area. It \vas expected that the special Planning Authority would prepare the pla'ning proposal plans (Development and Deveropment contror Regulatio's) before sanctioning th9 development of the various sector-s, which does not seem to have been done. Now, the Lavasa corporatio' has published planning proposal and DC Regulations on 2l"t April,2O1I. Tiris w'ill now go a through a process of public referendum through hearing of objections & suggestions and final sanction by the state Government. 11) senior officer from Maharashtra Krishna valley Development Corporation (MKVDC) also attended the meeti.rg to assist the committee in the appraisal process. Trre details presented in the meeting are: (i) overali water availability based o'last 2o years data:

No.GDO.GO.rr.7 r aatea ru-r.yJ suDmrtted a;adrt-ro; trra-;e;lsaa r LrcrLc(lr6.'i:93 submitteif report lor t a yield
study of Khadakwasla Irrigation project ctmprex. complex.
;;;;.

water ResourcesDept- of Government of Maharasrrtra acquire dairl, data for all the reservoirs in the Khadakwasla system for every year. The data for the last 20 years is available rnith the Deptt. The water availability study for Khadakwasla system was carried out in the year 1993 based on earlier 2o y*." data. This study was carried out by central Design organisation, Nasik which is a nodal agency to carry out hydrologicar studies for various basins. The - P.9.="-t=g+ -vide_ ._ rheir _ofgglig-1_tion, Nasik tetter 9"1,F1According
;;"';

Khadakwasla lrrigation project complexls as below :Khadakwasla Dam

1n

75To Dependable yield (MM3

329.71 423.267 105.45 Khadakwasla Dam is at the down stream hence TSo/o d.ependable yield includes the yields of other dams also. So, ifr" TSo/o dependable yield for Khadakwasla complex is LO42 MM3.

(ii)

water consumption )/ears:

for pune city, present and projectecl for 20

At present the rvater consumption by pune ciqy is 398 MM3 (14.o2 TMC)- The stanclard water use for present population of 4O lakhs rn'ith standard use of 175 litres lcapita/day is expected at the level of 255-46 N4M3.Projected use of rrvaterafter 20 years shall be for the population of 7o lakhs. with standard use of 175 iitres /capital d,ay the urater requirement for drinking shall be 44T MM3. At present Pune city is sanctionect 328.33 MM3 of u,ater from Iihadakwasla complex and 9.92 MM3 from pawana Reservoir. Thus the total sanction is 338.25 MM3 as against this the present Llse of Pune Municipal corpn. is about 398 MM3. The pune Municipal Corporation has also requested for additional water from Bhama - Askhed Dam in another valley. The water Resources Dept. is planning to accord the sanction for 51.28 MM3 of water from this dam. Thus the total sanctions which shall be immediately available n'ith Pune Municipal Corpn. rn'ill be about 389.53 MM3. The future requiremeret after 20 years shall be about 442 MM3. Thus after 20 years there will be shortage of 447 - 389.53 : 57.47 MM3 which will be met by diverting irrigation rvater to domestic.

(iii)

water avaiiabilify for irrigation purposes present and projected 20 )rears:

At present from the Khadakr.t'asla System the irrigation water is provided for new Mutha canal and Janai - shirsai schemes. Present plan use for Khadakwasla canal is 440.56 MM3 and for Janai - shirsai Lift Irrigation scheme is ra2.o6 MM3, Temghar reservoir irrigation use is 7.09 MM3. Thus the total planned use is 549.71 MM3. However, due to more use by pune Municipal corpn. in place of sanctioned 328.33 MM3 the water used by the pune . - .Munierp.al--Cqppn,.-in--t-he.year..-20.0.8=.0-9-and..2o-O-9_l0..is-ab.o.ut,3g3.2T " MM3 and the present irrigation use is about 360.41 MM3. while sanctioning the higher quantities to pune Municipal corpn., it was instructed as a part of agreement that 6 TMC (17o.1 MMs) of water shall be treated and recycled for irrigation purpose by delivering the'treated water into existing canal system.

i 1) Member Secretary informed the EAC about the Status of Court cases pending in the Hon'ble High Court of Bombay. The next date fixed in the m a t t e r is 1 5 h Ju n e . 2 OII.

12]l After examining the details submitted by LCL and the informatio. made available by Govt- of Maharashtra and iiscussions rvith the senior officers from the departments of Torvn Planning and MKVDC of State Government, the EAC concluded that: (i) The constructions/development carried out in Dasve sector (68l.2T ha) was carried out without obtaining prior Environmental Clearance under BIA Notification 1994 as amended in 2004 and also EIA Notification 2OO6. The development/coustructions rrrere started without exarnining the environrnent issues e.g. siope analysis, soil investigation, physiography, georogicar, hydrorogical and geographical details and other vital parameters. The above constructions/ development are a violatio' of Environmental (Protection) Act 1986. The violation has to be dealt as per oM No. No.J-Lror3/4Ll2oo6-rL.lt(t) dated 16ft November 2oLo. As per a(ii) of the above oM, LCL shall submit a rvritten commitment u'ithin 90 days, in the form of a formal resolution from Board of Directors of the company or to the Managing Committee/CEO of the Sociefir, Trust, Partnership/individ"Lffy orvned concern for consideration of its environment related policy/plan of action to the Ministry to ensure that violations of the Environment (Protection) Act etc. shall not be repeated. Further as per 4 (iii) of the. OM, the State Government shail be informed for initiating legal action. The scale and intensity of development of the hill town shall be as per Hill station Regulations and shall be revised based on -developable-/*""--bu-ildable-.-.area,- A.-*-elear--'demarcation of .no development/ construction zone/ aretr--;h;ii 6J ictenlifiea comprising of (a) all water bodies (b) forest lands/forest like lands and (c) areas steeper than 1:3. The developabte/buildable areas shall be verified through State Government/Director Town planning and the calculation of FSI shall be made accordinglSr. The FSI calculation shall be rvorked out separately based on land uses and shall not be ave.1-_as3d the calculaticn of FSI. for As far as possible, no hill cutting, digging, excavation, or any other activity involving generation of soil or its use or its transporlation/ disposal will be carried out-

(ii)

(iiil

(i")

(")

(vi)

(vii)

The water conserved through bandharas shall be used for potable purposes only, putting lesser burden on the main warasgoan

reservolr. For all other secondary purposes, the treated uraste u,ater shall be used rvith dual plumbing system. Decentralised treatment (and reuse) of waste urater shall be built into overall water/ r,vaste urater planning. (viii) There shall be a provision for discharge of rvater frorn these bandharas as and r.l'hen required by the Irrigation dept. other than natural over flo',t' in the rrronsoor-t season to meet the water requirement of dor.r'nstream areas i*cluding pune city. (ix) Sediment and organic loading through runoff during rrronsoon shall be checked and conservatively to assess the u,ater quality. to the bandharas computed more

(x)

Continuous ecological monitoring of all the water bodies including bandharas within the project area shall be carried out and suitable mitigation measures shall be adopted. Appropriate measures shall be taken to restore the aquatic flora and fauna in the water bodies. Suitable fish species shall also be stocked based on the soil and r,rrater quality and in consultation with fisheries experts. There shall be no discharge of any kind of effluents from any facilities, including the treated waste water, from the srp / ETp. The entire treated n'aste water from STP/ETP shall be recvcled. The surface water qualities shall be monitored at all the locations shown in the EIA Report, for pH, BOD, COD, Lead, Cadmium, Mercury, Chromium (VI), Arsenic, Nickel, Cobalt.and Iron on six monthiy basis and the reports shall be sent to MoEF and MpcB. Effluent Treatment Plant (BTP) shall be installed for treatment of the iiquid effluents generated from the Hospitai. Ail the other

(xi)

(xii)

(xiii)

w?s-tg_g g--e_le_L+qed thg h_qgp!-ta1 fro_m glrel_lb-eqg-n!,.within "Fi_opg.4_t9-ql

48 hours, to the common Biomedical waste Treatment Faciiitv indicated by the MPCB in the authorization issued under the
Biomedical Waste (Management and Handiing) Rules, 1998. (xiv) The cleani'ng of all the open/covered facilities, including pavements, walkways, etc. rvhich are not connected to se,wers, shall be restricted to only sweeping and there will be no rnrater washing of such facilities. The sludge generated in S.T.P's shall be suitable managed. Suitable sanitation measures must be adopted while pumping raw sewage.

(xt)

{xvi) The Hazardous wastes, namely used oil and electronic *raste r,rrill 5. stored in close containers under a covered shade/room a'd sold to tre reclrslgr. registered with trre cpcB spcB as per the / Hazardous waste (Management and Ha'dling) Rules, 2o0B after taking authorization required under these Rules from the Maharashtra pollution Control Board (MPCB). (x'ii) The soil quality shall be monitored at all pla5,grounds (lncludi'g those of schools, colleges, etc), gardens, parks and la,urms and for Lead, cadmium and Mercury on six monthry basis and the reports sltould be sent to MoEF and MpCB.

(xviii)A detailet ro gral rel-ared pre'ention of so' erosion and loss of ::lr:me?r prantationshalr road side be delineated. (xix) Tl-reambient air qn"tity shall be moniio.ea at all the rocations
shown ir-rthe EIA Report for the relevant parameters on six mo.tl-rly basis and the reports shall be sent to naopp a'd MpcB.

(xx)

Regular air pollution monitoring shall be done around the hot mix plants/stone crushers to know their adverse impacts (if any) due to these activities. The locations shall be decided only after trre consultation with trre Maharashtra polution control Board.

(v'xi) The energr consumption should aim to target minimum saving of at least 28-32Vo by adopting energ,, conservation metfroa* irr"ludi'g non-conventional eners/. All thJcommercial u"ilai"s. adhere to the mandatory ECBC code. "i"il (xxii)"-The-intensity-of'-educational/--health keeping in view the requirements facilities shall be developed of rocais/ tourists and without

much stresson environmentar resources the ilgil;.;oJr.r._. in

(xxiii) All the construction of roads and rerated infrastructure carried out following the relevant IRC guideiines/proi"..f".

shat be

Road safety auditing of the various roads/road section shalr be carried out- Further, based on the safety report, various safety measures (improvement in "rJitrr.g the gelmetric design, dispray of sign Boards, speed rimits etc.) shall be implemented. Further, contingency plans to deal with ioad traffic mishapsTaccidents etc. shall also be clearly delineated with the budg.r;; ariocation.

(ruil'; Use of the (appropriate) less polluting road construction techrriques (e-g- Cold Mix technology for bituminous roads etc.) shall be used. Further, use of locally available road construction materials (including marginal materials) shall be used after detailed technical stuclies in consultation n ith local authorities. (xxvi) A n'ell rvorked out disaster management plan (fire, accidents, land slides, earthquakes etc.) for the entire township shall be preparecl rvith provision for emergenc5r evacuation routs, space for assernbly and other measures. LCL shall submit within 3 months their policy towards Corporate Environment Responsibility (CER) u'hich should inter-alia address (i) Standard operating process/ procedure to being into focus any infringement/ deviation/violation of environmental or forest uorms/conditions, (ii) Hierarchical system or administrative order of the Company to deal with environmental issues and ensuring compliance EC conditions and (iii) system of reporting of non compliance/r'iolation environmental norms to the Board of Directors of the company andf or stakeholders or shareholders. (xxviii) As of CSR programme, LCL shall conduct need based assessment for the nearby villages to study economic measures r,irith action plan which can help in upliftment of poor section of societ5r. Income generating projects consistent with the traditional skills of the people besides development of fodder farm, fruit bearing orchards, vocational training ete. can form a part of such programme. LCL shall provide separate budget for communily development activities and income generdting programmes. This shall be in addition to vocational training for individuals imparted to take up self employment and jobs. part

(xxt'ii)

(xti*)

At least 5o/oof the total cost of the project shail be earmarked towards the corporate social responsibility and item-wise details along with time bound action plan shall be prepared and submitted to the Ministry's Regional Oftice at Bhopal. Implementation of such program shall be ensured accordingly in a time bound manner.
A high level Verification constituted with inclusion and Monitoring committee shall be of eminent experts, representatives of

(xxx)

p ra n r'r o e tio )o eo,"j:,'rJ::T;,aiil'""r,fiTJ;:i;,, ll,L",l. l; " to the satisfaction _* provisions sha' be made of the
co*mittee. (xxxi) LCL sl-rall submit Environmental Restoration Fund.

MoEF and District Administration etc. The committee shall examine verify and monitor

i necessary/adequar.rft T:1T,,,"","0-ilTlJ regarding the quantum :.x!5:TT:r-j.ffi of penalty/i-compense J r -and creation of

(xxxii)other conditions as stipulated by MotrF/ other State agencies of State Government shall also be .o.mpii.a wiilr. rn the aforesaid. mat.x factual and, noting pendencg of some fssues of M/s LCL befori Hon'bte High coii of Bomba.g, the committee recofftmends the proPosq't for Enuiinmentar crearance with the aboae conditions for strict and. accepta.nce of conditions at (iii), "o*ptionc-e (x-rvii), (xxviii), (xxix), (***j and {xxxi) risted. q.bove.

A\4 \1 e4Lv'YL

GOVERNMENT MAHARASHTRA OF
-20i 1 ICR-47 C-1 lT No. Lavasa Environment Department, , f R o o mN o . 2 1 7 ( A n n e x )2 n o l o o r , M a n t r a l a y a , u n i b a- 4 0 0 0 3 2 . M i D a t e. 2 0 ' "J u l y ,2 0 1 1
lo

The Special Secretary. & Ministry Environment Forests, of G o v t .o f I n d i a , P a r y a v a r aB h a w a nC G O C o m p l e x , n , L o d h iR o a d . N e wD e l h i . Subject:Actionto be takenas per letterdated 10.6.2011 of regarding development HillStationTownship. D e a rS i r , Kindly refer to the letter mentionedabove in which the undersigned (Protection) actionunder the Environnrent was directedto initiatenecessary in Act 1986 againstviolations an area of 681 H by the LavasaCorporation Secretary, to the Ltd. On receiptof the letter, matterwas referred the Principal Law & Judiciary Departmentfor legal opinion as the Department of {y\ I \-/l /^'/ / course of action.This was wanted to confirmthe appropriate Environment \-/ / / ./r, ( M o o b e c a u s e f t h e p e n d e n c y f P l L si n t h e H o n ' b l e u m b a iH i g hC o u r s e . /.4t lt_-_ .L/
t.4 I

( (_ \'t l'?. I :-':i>. I

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has of Government Maharashtra Department, The Law & Judiciary to Depart makea reference to for that"lt is advisable the Environment opined '"'

of Ministry Unionof Indiaand obtain & of the Ministry Environment Forests, after bringing*".,-.".-,'..:! and clar:ification take-appropriate aetion & Environment Forest's The litigation". in HighCourt thepending of to thefacts thenotice theHon'ble
of has Department opinedthat " in view of the pendency the Law & Judiciary Writ PetitionNo. 9448 of 2010 as evidentfrom the amended order dated 1994,2404 of 5.4.2011, the issue about applicability the E.l A. Notification the Considering facts and circumstance, and 2006 have not been resolved. aboutthe pleadings raisedby the peiitioner of chronology eventsand specific
\
r\ \

\"\&bbi #;, '

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of for of non-application 2004 and 2006 Notifications the development 2000 ) of and land beforethe authorities also the observations Hon'bleHigh fi-ectare Court at para 12.of Order dated 22.12.2010and further litigationraised by cot

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sswf++''tNd

M / s . ' L e L a n d s u b - j u d i c es s u e sa n d t h e p r o v i s i o n s i bontained /s 16 of the u Environment (protection)Act, 1986, it is advisabrefor the Environment Department make a reference the MOEF, to to Union of India and obtain MoEF'sclarification, takeappropriate and actionafter bringrng factsto the the notice Hon'bleHigh Courtin pending of litigation,,. Meanwhire matterwas heardin the Hon'breMumbai ilre High

court on 1 2 . 7 . 2 0 1 1o u r i a w y e r i n f o r m e dt h e H o n ' b r eH i g h . court that the state Government had not acted on the letterdated 10.6.2011rn view of the fact that clarification was requested regarding for the action to be initiated. The lawyer drew the attentionof the court to the pending plls and sought clarification from the Hon'brecourt. The Hon'bre High court directedthe lawyerthat the state Government may crarifythe issue with the Ministryof Environment Forests &

You are requested provide to guidance the matter in

Yoursfaithfully,

(ValsaRffi Singh) Secretary

tr')
::e :..!::i:::-:-.::..-:-.---:'::::,.::::-: : :..:.. :::..:_ -

hutrrgat uL..y4 3

Proceedinqs of the hearing held on Sth August. 2O11 M/s Lavasa Corporation Ltd. (LCL) vide their letter dated 12e July, 2OLL has requested the Ministry that before an order imposing any preconditions or conditions is passed, they should be given personal hearing in the matter as that may result into adverse civil consequences for them. Accordingly, Ministry has constituted a three Member panel to give them personal hearing on 5ft August, 2OIL. The members of the panel are: i) ii) iii) Dr. (Mrs.) Nalini Bhat, Adviser Dr. (Mrs.) P.L. Ahuja Rai, Director Shri Bharat Bhushan, Director

Lavasa Corporation Ltd. was represented by the following: i) ii) iii) iv) v) Shri Rajgopal Nogja, Group President Lt. Gen. S.K. Jetley, (Retd.) Sr. Vice President, HCC Shri Bodupali, Sr. Vice President, Legal Shri Suresh P. Pendharkar, Chief Planner Shri Raj Mhatre, Executive

During the hearing, LCL stated that they have submitted a letter 2. on 12ff July, 20lL in response to the Ministry's letter dated 27h June, 2OIl wherein MoBF has directed LCL to submit a written commitment with regard to pre-conditions for issuance of environmental clearance. They further stated that they have submitted another letter of 27h July, 2OIL, in which they have submitted some commitment on some of the pre-conditions and requested that an appropriate decision may be taken without waiting for the oral hearing scheduled on 5tt' AugUst, 2OLL- A 'A'. copy of the MoEF letter dated 27b J:une,2AIl is annexed at At the outset, it was clarihed that the hearing is only limited to the 3. request for consideration of five pre-conditions as informed by the -'Miriisfry-in-theiilettei dated 27th-Junq 2OtI and no other issues would be discussed.. M/s LCr, agreed to this framework and gave a signed documents on Sft August, 2011 such as the resolution of the Board of Directors along with a self-contained note on different pre-conditions. The panel noted that some of the clarihcations stated in the letter 4of 27*. July, 2ALL are in departure of their earlier letter of I2e July, 2OIL, wherein heading and text are different and asked that whether the letter of 27:*' July, 2OIL supersedes the earlier letter of 12h July, 2011. The representatives of LCL informed that letter of 27u July, 2OIl is the final letter and 12m July, 201.1letter may be ignored and confirmed that 27u Jwly, 2Ol1 letter supersecles the 12ft July, 2OLL letter. They further

stated that the 27le JuIy, 20 I I letter should be read u'ith the Sft August, 2OII submissions. A copy of the letters of 12ft July, 2OLL and 27h July, 2OLI submitted bv LCL are annexed at 'B'and 'C'. 5. LCL further stated that as directed by MoEF vide letter dated 27& June, 20LL informing the pre-conditions before the issue of Environmental Clearance, they have submitted point-wise details. Pre-condition {il The constntctions/ deuelopment carried out till notu are in uiolation of Enuironmento.l {Protection) Act 1986. The uiolation has to be dealt a"s per OM No. No.J-L1013/41/2O06-tA. II(I) dated 16th Nouember 2010. As per aft) of the aboue OM, LCL shall submit a written commitmerut utithin 9a days, in the fonn of a forrnal resolution from Board of Directors of ttle companA for consideration of ifs enuironntent related policy/plan of action to the Ministry to ensure that uiolations of the Enuironment (Protection) Act etc. shall not be repeated. In response to the pre-condition number (i) of the letter of 27ifi June, 2OLL, M/s LCL submitted a response vide its letter of 27u July, 2OIL. In reference to pre-condition (i) it is stated that:
a).

You are aware that we have filed a writ petition in the Honble High Court of Bombay, being Writ Petition No.944B of 2010. The said writ petition relates to the Ministry's Show Cause Notice dated 25. 1 1.2010. The said Writ Petition was extensively heard by the Honble Bombay High Court and at the time of the hearing, the Additional Solicitor General on behalf of the - Ministr-5r' made-.detai-led submissions. On 22.I2.2OLO, the Hon'ble Bombay High Court, inter alia passed an order and observed as follows: Para L2.of the Judgement: "We are satisfied. that .the issues raised. bg the Petitioners regarding applicability of tte Notificatiotns referred. to hereinaboue is required to be considered, and it would not be appropiate to aduert of this stage to the merits and de-ments of tte arguments aduaned bg the respectiue parties-

b).

It is therefore evident from the aforesaid Order of the Hon'ble High Court of Bombay that the issue of applicability of the EIA Notifications and their alleged violations is under consideration of the Bombay High Court.

c).

lt may also be noted here that the counsel for the State of Mahaiashtra had also stated on L2-O7-2OlL, during the hearing on the matter in the Hon'ble High Court, that the marteJ of the applicability of the EIA Notifications and the alleged violationi are already under the consideration of the Honible High court, and hence the question of taking any action by the State Government does not arise' On the basis of the above, we humbly request till a decision is finalized by the Hon'ble High Court, we are unable to submit per o.M. dt. 16.11.2010. We will abide by the complian"" " tCourt's decision in the matter' Hon'bie High

d).

M/s LCL also submitted during the hearing a certified true copy its of the resolution passed by the Board of Directors of LCL at of meering held on 25L July, ZOtt in Mumbai. The copy of the Board 'D'. According to the above Board Directors resolution is annexed at of Directors resolution the company resolved that i) the MoBF is of the view that the constructions/ development in 'uvithout obtaining prior Dasve sector (65I.27 ha) was carried out Environmental Clearance under EIA notification 1994 as amended in 2OO4 and also EIA Notification 20A6, although the Company maintains that no prior environmental clearance was required under the said Notifications. However, in response to the precondilion no.l of the letter dated 27e J]u.ne,2o11, Company will ensure that all provisions of EP Act' shall be scrupulously followed and violation of the Act (if any), as averred by MoEF, will not be rePeatedii) in case any approval is required from MoEF, for any o[ our projects, our company will approach MoEF for obtaining necessary clearances and construction of the project(s) will be initiated as per

iii) the Compi-ny has in place environmental related policies/plan of action and the same has been placed before the Board. The panel noted that the resolution does not include the company's enviroament related policy/plan of action which M/ s LCL confirmed that they would submit within thr.eemonths' LCL also submitted the response to the other pre-conditions as 6. under:

P r e - c o n d i t i o n( i i l The scale and intensitg of deuelopment of *Le hill town shall be as per HiIl Station Regulations and shall be reuised based on deuelopable/ buildable of "no a.rea- A clear dernarcatiort deuelopment/ construction shall be identified zone/ area" compising of (a) aII water bodies (b) forest lands/forest like lands and (c) areas, steeper tlwn 1:3^ The deuelopable/buildable areas shall be uerifted tlvough State Gouernment/ Director Town Planning and the calanlation of FSI shall be made accordiruglg. No deuelopment shall be taken up in areas steeper than or equal to 1:3. LCL commitment to precondition (ii) We hereby undertake/commit that the scale and intensity of the hill station town would be as per hill station regulations. It is in the process of reviewing the layout plan of the area based on developable/ buildable area. Further a clear demarcation of "no development/ construction zonef area" would be identified based on the contour maps which would indicate {a) all the water bodies (b) forest lands/forest like lands and (c) areas steeper than 1:3. We further undertake/confirm that the development q'ould be undertaken only on the developable/buildable area. The map showing developable/buildable area will be submitted to the State Government/Director of Town Planning. We ','"'ill get the same verified by State Government/Director of Town Planning u'ithin 90 days. Precondition (iii) The FSI calculation stLa.Ilbe worleed'.out:.:segtaratelg:based::pn:land.uses arud shall not be aueraged for the calculation of FS/.

We herby undertake/commit that the FSI would be worked out separately based on land uses and as per hill station regulations and shall not be averaged for the calculation of FSI. Precondition fivl At least 5% of the total cost of the project shall be earmarked" towards the Corporate Social Responsibitity fCSR/ arud item-wise details along with time bound action plan shall be prepared and submitted to ttrc Ministry's at Blnpal Regional Office

Implementationofsuchprogramshallbeensuredaccordinglyina time bouttd mannerthat' to the best of As regards the pre-condition No' (iv), LCL stated ttreirknowledge,nosucn*conditionhasbeenimposedrvhile the constructronf area granting environmental clearances to any of atl the activities development projects in the country' Moreover' likeroadconstructionnetworklr'ithintheprojectarea, for the villagers, iru.r,rportation facilities and other amenities 'for the villagers' hospitals' schools' all construcling nevn'houses control' pollution activities' types of soil erosion control of corporate social afforestation measures etc. are under the ambit corporate in vierv of the aforesaid parameters of n."po.rribiiity S o c i a l R e s p o n s i u i r i t y . W e p l a c e f o r-of u r k i n d c o n s i d e r a t i o n t h e f a c t yo .,.p"." by rvay of discharging tl-rat we have already spent crores ourCorporateso.i"tResponsibilityand-furthercommittedto whatever r'r'e have spent continue the same. It is requested that amount ton'ards out should also be included in the earmarked and details The activiV' Social Responsibility Corporate our Corporate Social phoiogr.phs of the same in compliance of Responsibilifyactivityhavealreadybeensubmittedduringthe EAi meetings. Further LCL committed that: (ivl LCL commitment to precondition o/oof the project cost (i'e.', 5 % we hereby undertake/commit that 5 ofthecostoftheprojectfor2000ha(PhaseI)asmentionedinour application)wouldbeearmarkedtor,vardsCorporateSocial is being utilized Responsibility (csR). This earmarked amount developmental phase r,r.ithin the project aiea over the period of the. with,time bound action of the project. ltem-wise allocatibns along date hereof' plan wouta Ue submitted' in 3 months from the Pre-condi$q1$ LCLshatlsubmitonundertaking/commitmenttoearmark be submitted shortly necessary/ ad"equate furuds as per report to and creation of regarding the' quantum of-fenaltu/i"-"o*ptnt" Eiu iro nme nt aI Res t o r atio n Fund'

LCL response to Pre-condition {v) letter' with regard to pre-condition (v) as mentioned in Ministry's the details and MoEF has constituted. an expert team to look into expert team to suggest the Environment restoration fund. The said request you here is yet"Io release their findings. We would like to

that we may be given an opportunity to examine the findings of the committee in the context of what is required to be restored. LCL further committed lhat: LCL commitment to precondition lv) We herby undertake/commit to earmark reasonable funds for any environmental up gradation. If required on perusal of the findings of the expert team as and w.hen they are made available to us. [t is requested that we be given an opportunity for such a perusal and examination of the findings. 7. LCL further stated that they are undergoing a great hardship, suffering and are on the brink of collapse and disaster and requested the Ministry to issue an environmental clearance of the first phase of lhe project urgently. 8. It was noted that submissions to various conditions by LCL signify the wiliingness of the company to comply rvith stipulations except the first condition relating to violation. IL r,r'as noted that this issue on applicability of EIA Notihcations of. 1994, as amended in 2OO4 and EIA Notification, 2006 to the Hill city project is sub judice in the Hon'ble High Court of Mumbai in the related writ petitions and IAs thereunder. After submissions of the details on pre-conditions, the hearing was 9. concluded.

pW;
(Nalfni Bhat) Adviser

(P.L. Ah{a

- @yvRai)

Director

rat Bhushari Director

Written Submissionsof Lovqso lbrporotion Ltd. submitted to the Hon'ble Ponel durinq the heqrijrq on 05.08.2O11
We ore grofeful to MoEF in constitutingthis Hon'ble Ponel for o personol heoring in '12.7.2A'r I . The heoring wos sought by us in response responselo our requestdoted to your letfer doted 27.06.2011, wherein MoEF hos directed us to submit the commitments with regord to the preconditions for issuonce of environmenfol cfeoronce. In this connection,further to our letier doted 27'h July,2O11. we would like lo submit the following for the kind considerofionof this Hon'ble Ponel: 1. At the or.llselwe would lii<e to clorify thot vide our eqrlier submission doted 27.7.2011 oddressedfo MoEF, we hod informed MoEF thoi we did noi desire orol heoring os the rnotter in the Hon'ble High Court of Bomboy wos fo come up for heoring on 29.O'/.201l, which wos before the dote of heoring given by MoEF. As we ore unCergoing greot hordship, suffering qnd ore on the brink of collopse ond disoster,we in the interest of time hod mode the obove request flrinking thot fhe lvtcEFwould consider our writlen subrnissionond poss on The motter in the Hon'ble High Court ot Bomboy hos been order occordingly. odiourned to 10.08.2011.Wewould like to ogoin reiterote thot every possing doy is pushing u:. to finonciol collopse, which would hove rippling effecf on oll including public sector bqnks ond finonciol instifutions, who the slokehc,lders hove lent io the tune of obout Rs.2000 crores to the proiect ond would leod to
:-..t

drostic ortd irleporoble civil consequences.

2. Thot Jhe ghgoing conslruclion octivity for ihe development of hill stotion township proiect neor Pgne,Mqhoroshtrowos stopped by MoEF,vide its order dored t 7,0t.ZOt 1, stoting thot the proiect is in violotion of EIA notificqtions ond 1994/2O,A4 the EIA notificotionof 2006.

3 . Thot chollenging the opplicobility of EIA nolificotion ond the obove order of
MoEF, we hove filed o Writ Peiition in the Hon'ble High Court of Bomboy ond ofter the primo focie sotisfoction of the motter, the Writ Petition wos odmitted by tlre Hon'ble High Court.

4 . Meorrwhile. to bring on end to the imposse,we opprooched MoEF vide our

fetter doted 25-1-201I ond MoEF wos kind enough to consider our proiect on meril for the First Phose (2000 ho). This decision wos communicoled to us I v i d e M o E F ' sl e t t e rd o t e d 2 8 . 0 1 . 2 O 1 . 5. ln rsponse to the soid letter, we hove submitted Form l, Form lA ond oll other relevont documentsto MoEF on 2.O2.2O1 for opproisol. I 6. The Expert Approisol Committee (EAC) during its vorious meelings opproised the proiect ond concluded thot the proiect is environmentolly susfoinoble, ond lros recommended to MoEF for environmentol cleoronce. 7. The MoEF hos submitted the recommendotionsof the EAC to the Hon'ble High Court of Bomboy ond olso stated thot the environmentol cleoronce would be issued ofter meeting the preconditions. B. The MoEF direcied vide letler doted 27.06.2011 stoting the preconditions for complionce ond our response to the" preconditions 2 fo 5 were submitted to
=;i

f he MoEF on 27 .O7.201I, which we ogoin reiterote. A copy of our submission

doted 27.O7.7011is onhexed hereto os Annexure"A".

In response fhe to

preconditionno.l, i.e. resolution from the Boord of Directors os required under the Office Memqrondumdoted 16.11.2010, the some is onnexed heretoos Annexu re "B" for your kind consideiolion. 9. ln oddition to ihe cbove, we humbty ogoin submit thot every possingdoy is leodingus to the brink of disqsterond the impocl due to deloy in stort of work

&Y

ond issuonceof EnvironmenlolCleoronce is mentioned herein below for your kind considerotion: o. Compony is incurring loss of Rs. 2 Crores per doy ond os on dote hqs lost oboul 350 Crores ond opportunify loss. b. Finsnciollrrstitutions ore getting iittery due to lhe long possoge of time { 9 months) in obtoining Environmentol Cleoronce ond stori of construction work. c. The Compony is on the brink of finonciol collopse ond os o resull is in defoult of poyment of interest to fhe Bonks. We hove requested the Bonks to extend time for poymenf of interest foiling which Lovoso will be declored os o Non PerfornringAsset by the Bonksd. Vorious portners ore now thinking of withdrowing from the Proiect, which will entoil huge monelory lossesond civil consequences.
e.

Customers ore demonding refund of monies invested by them, foiling which they ore threotening lo initiole legol oction.

f. About 25o/o the employees hove resigned from the Compony, qs o result of
the Compony hos lost huge humon resource. g . Third porties like controctors, moteriol suppliers etc. ore olso incurring lossesond ore becoming impotient, which moy leod to multiple litigotions. Some letter of distress oddressed by the controctors ore hereto collectively onnexed os Annexure oCo :.:rn:opsoorl:::.ffig: h . As construction -'worle-.hgsnl'l--,sfgrdgd:',$gfqg6.:,r61ng6f::::6f incomplete construc,tionwork is exposed fo the peril of the weother gods, the incomplete construction works is getting domoged ond will result in o huge monetory loss.
t.

More thon 7000 workers hove been rendered unemployed. The livelihood of the locol populofion hos been odversety offecled ond mony of them'hove been rendered unemployreddue to close of business in

i.

3b(

the proiect oreo. some refter of distressoddressedby the vifrogers ore hereto collectivefy onnexed Annexure ,,C,, k' The impossemoy resurtin huge rossof Notionorweorth os pubric secfor Bonkshove lenf more thon Rs.2000 Croresfo the project.

l0' we would olso like to submit for your kind considerotion rhe public benefits of fhe proiect: o' Lovoso will be o world-closs city ond o prime tourist destinotion in India. lts noturol sefting in the hiils of sohyodri mountoin ronge (wesrern Ghot), its, 60 km long roke front, ond mony recreotionor ond rourism octivities wi' offer o new rourism destinotion. About 2.r mifrion rourists per onnum wirl be served by Lovosoby 2015. b' The existing hit stotions such os Mohoboreshwor. ponchgoni

ond Motheron in the Mumboi -pune region ore experiencing heovy congestion ond st.jn on their infrqstrucrure' Lovoso is expected to eose the situotion by otfrocling fulure growth of fourisfs.

c' Aport from tourism ond recreotion, Lovoso wiil hove other economic ocrivities such os hospifority, educorion, heorfhcore, retoir, *r*or.h ond deveropment, rr ond rrEs which wit provide new emproymenf opportunities for obout gTOOO persons.

d' A city pfonned for 2 rokh poputotion, r rokh iobs ond voriefy tourism, snd orher octivifies wifr herp rerievepressureof demond "o::*-i for such ocrrvrtres Mumboi ond pune in ond offer o new get_owoy destinqtionfor the ospiringyoung populotion

/ s\z U\
n^.,

e.

Lovoso is being plonned ond developed in o monner thot will promote econonric,sociol ond environmentolsustoinobilitv. will therefore oct os o lt model for developmenlof hill stotion. Being clossifiedin Zone C of the Tourism Policy.2007 ond portly in Zone D+ of the IndustriolPolicy-2AA7,lhe notified oreo of Lovosois situoted in one of the most bockword ond inoccessibleporfs of Mohoroshtro. Lovoso's development wiil generote new economy in the region ond will tronsform economic ond sociol condiiions of locol populotion through creotion of new iobs, ond high quolity sociol ond physicol infrostruclure,

g . Being developed entirely by privote sector, Lovoso will qdd physicol ond sociol infrostructure worth more ihon Rs.5000 crores wilhout ony burden on the Stote exchequerh . Lovaso will not be o goted city. but will be open fo oll stroto of society including the locol villogers. Entire lond in Lovoso wos purchosed from willing sellers ol morket price ond through negotiotions- Lovoso therefore enioys overwhelming supporf of the locol villogers.

Under Lsvoso's scR policy.locol villogersore being providediobs, woter,

-' :-.) ''

ond free educotionolond heslth focilities snd where their houses ore 'offected bythe- deve-lopment;-ttrey.huve-'beelii'lirotided'free'fid0Clii6.ohd i nfrostructure focitities

k. with more thon 60 % of Lovosoiobs being in middle ond lower income

groups, Lovoso will be on inclusive city where housing ond sociol infrosfructure be coterto the needsof persons will from oll socio-economic
clqsses.

l'

once Lovoso is complered ond operofionot, if will contribute huge revenue to the Locol' stofe ond centrql exchequer through direct ond indirect toxes poid by its populotion ond businesses.

m' The l2'500 ocres of lond of Lovoso when developed snd sofd wil generote o stomp dufy revenue of obout Rs. 2l 78 crorefor rhe stote Governmenfn' Finonced, deveroped ond monoged entirery by the privote secror, Lovoso wit demonstrote new models of finoncing, deveropment ond monogemenr of new cities in Indio. rt wit herp in votidoring or reshoping potiry on developmenf of privote cities in Indio.

i..l

I l ' In view of the oforesoid, we would like to request the Hon,bre poner to kindfy toke o sympothetic view of our cose ond issue environmentol creoronce to our proiecl ond occord us permission to carry ouf the construclion ond devefopment work of fhe eortiest by toking into considerotion our submissions, fhe environmenlor sustoinobirity of our proiecr os recommended by frre EAC, our suffering for fhe lost 9 rnonths, interest of oll the stokeholders including public seclor bonks ond finonciol institutions, the proiect of lorge. huge fosses incurred by us ond the drosfic irreporobfe civir consequences thot wi1 forow on our collopse. :
a:- r:1\^ . ::-:::i-.1

For Loyoso Corporotion Ltd-,

-Js...
-;rde*

LA\.AI/r

A*r.r^st,

$ 4a

The Director l A D i v i s r o r :i r l l\.,1I tr;' o f E rt\,ir'c)rre nI a r-rcj : o r e s i s . rii:; nt F f) LiC) ConlJrlex Lr.i11R,:;:.:<j i
i . . ir ' : ' . * i _ . 1 ,l:lt: I

7 ; 0 ! i 2 . r -i) 1

I'i rrC./rttn. - Slrri- Bhara t Blruslr; n. : R r . r l ' . :F . I ' J o .2 1 - _ a 2 0 1 1 _ 1 A . l l l ; S u l - r . : -E n v i r o n m e n t C l e a r a n c e f o r t h e d e v e l o p m e n l Station Tournship (1.t phase - 2000 ha) Respected Sir, i . r e f e r e n c r : t o l e i t e r i J ; l i e c J Z S . l . ? Oj 1 r : f the f i 4 i n i s t r yc f E n v i r o n n r r : n t a n t J f - o r i j s t s i i . , 4 o t f . ) r c , : r , : i r r e d : r i ri 1 5 l i r r r - i ! s ; : c ; n s lc - r ( j , . r i i r j ' l t e rt j a l r : i j i : . ! T : . l o 1 i i i i . , : i r i r _ : lrri . r : . t i z l t j w 'sci,rGht t l i : e a r i r t ; t o i l r a l i i n g s i ; [ ; n i i : _ : : ; r C rirri-s f e i j f C a r c r f tIc_. i i l - i : c U r - r c ' i i i o rSs .l r - i : r ii r - r f r e I ' l i r r i s i r i , ' s l e i t e r r J - l t e r J1 ? 7 t ' . -rj , r n c : ie t i 2oii. w e a r e q : - a [ t + f urro i l r a ' M i n r s t r y ( o r g ! v r n - r jL i s i l - r e cieie c f 5 " 1 A u g u s i, ? - 0 1 i f c r t h e a h o . v e r e q u e s t e d heari.!i irr rtspeci cf the s:ric pr':cor,-diiirl's. [-r i,-ever, o _ y . ) l Ja r F ] a \ r . r ; i r e t h ; : { t h e n e x t . J a t e o f h e e r r i n E r e f i ; i - c1 ! - r e o n , b l e H i i ; l i i l o r _ r r t i H o f B o n r b a y i s . o n 2 g t h J t r r y? a i 1 , r v h r c h i s b e f < ; r et f r e r J a t e cf t h e h e a r i n g g i r . , e n b y i h e l v l c . r E F!.r , r : . t f r e r e f c r e , r n a c r c i i t i o n This has a of l-till

- ' - - - t o o u r - i e i t e r r J a t e r J1 ' l . l . 2 A 1 1 , a r - r . l:i s r _ r s e n c l i n g t h i , s l e t t e - i ' " wirich cdntair:s the Jetaiis ci r,i'hat we inienri tc s_,,LrLrrnit i l e i o r c : t l r e f ' ' i c E F a t i l r e i i r r i r :c f t h r : l i e a r i r - r i : ! ! , e ; i i : s r i : ; , . r i . r ; r i i { i i i a i l ; a s e i c n i h r - ,; i a r : e s e i c . r f i * c ; i s c r t a y ,, It
I , ^'-i Lavata Coapo.tiien Rcgislercd Sate Office' vritt.lavete.(om

Iurtlte:'ior

It.

bz;liccrlssr:jc . a p o t ' i i 0 r i a l r : r !e i ; i : i i r - , r ^.:r . i i i r c u i , . . , , : : i t i r : , i. ij : r i i - . e

: i { ) i t i - . rj L l l , : r . : l i ! r i-,t" ^.,,a, "*, iii)'; -i

i:Li.:.;'reiridtttiC-,tit:ri t,;;-rI:!l(i

tift i(e{j .1OO j 03 :'1drd Tei. tl tcl. igl j .:' d0l5 6OOU FJr; | 9 t .l) ,iir,li rig.*lr -9t ?n tiG;59CCj

Of{ice : Hrri(on Froufr,. Lai ?aha.lur Strart.i trrarg. \,!t:lrra;r Cf.;6t). ituill!\a. fawo H3ll- At yilisge Oervp- Fort patttirlhcr. iEtuk: .tr{{rlrhr pUne .4!Z

t07_ liijr.

ilt 65?5'OQC;!':

_jf.i

L , AV A

t)

As regarcJs rec< p
subrni{as follows

t' viorarion ,,,-'ul,l'";#,.:l jeratingTrtre aresecr of ls

on oltr part, we
. yo u i:l rc ;,.l rva re ilr a t 1n",,: hi

on

ut filecl a 'xrit p p . r i t r o ni n Hon.ore Hir;h ,ror,l of Bon:bay, pciiticin b r : r n c J! v r i t r\o g4,tB of 2c.it Thc saic 'r"rit petiiio. relates to the l\vlirristry'Slto'"v s cause fvotice 2s.11 2010. T'e cJatecj said wril Petitiort was extensivery heard by the Hon,ble Bomb Higfi court an<J tinre of the hearing, at the the Acjc Soriciror tlre

beharr or
Coui-

'i:.::-iTJ o.'',o , obse,.u*o ";;";:'jI i"J i::a

Higli

submissions. on 22.12.20r"t"u

rrre ,.,,j,1:-:t, nracJe

Generar

cjetaiied

PAIiA i 2 OF THE JLIDGEMEf,JT' "tr'y'e ere s a f i r s f i e d tiiai the /ssues ) r a i i s e c {t _ t yt h e petiIiorters re.iardirtg aplslicabiliiy of uto Alotiricatiorts ? referred to lte _ is requirecl to be ,"no"u'nubov'e considered, not qe^ appropriate b advert at il|i^ :'_woulc! and de_ne

5j",::::; respect v,'::,;::;: ";;;;;:tj

,:;:

'h

I I

tl

ti

lr. It is therefore er;ident from iht orcler of the Hon,ble Hiqh ccur,r .,r son.r]-:.t::=:"icj the alpiicabit lt:,i 11.,1 f 14. ,1"1;:;-:,.:' riir,,r :ttr::::;":,t a ! i e g i c - r tv i o i a i i , t- trndr ccnsidei'atio;'i c>f lhe Ecrnbay ,r,n,-, Jl,,.,

?'d-

LAVA5A

c. lt nray also be notec irere that the cr-)(.jnsel r. fo tire State of [i4afr:rr;-:slrtr.a liarl also staieiJ, on 12_A-i 2011, Curing ilre hearinct on tire nratter in ihe Hr-rrr'trleHigli Courr. ilrat the matter of the ; . l f i p i t C a j l ) i l t t j .c ; i i h i ; ' Eiti. I,Jotific.,aliri:r.:; nc i.iiil _ ;r ;rllr:gecl r,ioieiions; are ::lrtecjy unrJi.:r ilt..j i _ : r _ : r i s i d e r a r lo o nh r . : if t [lon,ble t-1iglr oui.t. and l.icnce C n llrc questir_rof takirrg any;:tr;tion l - l 5 1 ; e, S t a t e G o v l , . croesnot arisc

d. Or, i'e

basis of the a'ove, we humbly r e q t - r e s tt i l t a c j e c i s i o r ri s f i n a l i z e d b y r f l r e H 6 r n , 5 l eH i g i i C o u r t , v y e are unable to subnrit c o m p l i a n c e a s p c - - rO . M dt. 1 6 _ 1. i_ 2 C 1 0 . W e r v i t i abicJe by ilre Hon,ble High Court,s decision in thc, matter.

Our conrrnitment to preconclition (i) The appticability of notificaiions aniJ issue of allegect violatioir'is u.cer c;onsideratit.'.,f the Hcn,bre i-.{igh ouri c c r i l r 4 u r t i i : r i ia n , . - c o n r p l i a n c e . i lo the Cecision of ihe lJon,ble High Court's Order c1oes nci neeLjany commiin-:erii.As regards preconditions rras. ( i i ) a r r c l( i i i ) , l v e s i r b m i t ilrat v r r ef l r c o n s c i o u s o f o u r rEspcnsibiiities

o u r co rn m,i t,i n e ri icom pty to ,it;,;t;;

y-:Ep .3fl {. 'h : ir---f-:- nf i r:nr;;;; p r e c o n d i t r o n s

lt

-}t.
l AVA5A

_plarr of lhe area ba:ied on cJe'elopa :le /r,,,trj::.',^rr::, t F r r r t l err e clear cJenrarcatlon o{..i.tc tJevclcrpntent c o r r s t r u c t i o nz o f ) e i / area,.woLrlcl be rrjentrfieo,basecj r _ : otri - i r r ; n t a p s _ r on {he lvtrich urould incJ 1a) all ilre v ( t r j , f c r e s ( r-a n c j/.rrc r r . ^s^t1 " : ; " ' u r c u l t e nds r..e borJies; like l.cnds ;";-;.r":;"'"r rrian 1:3.

::: ;,:"; T,ij:j1.:l'TH :l;,":lll:,;:*:

"l' j:l,il"",^:,:";,: /e rurrher,".J;:;'.
be uncrerraken ry oh oirthe deveropabre
buirrJ map showing d e v e k - r p a b r e/

precondition (ii) We hereby undertake, / conrr

Our cornnritrnent to

:::;;T:,.*"r,0

oays.

;i"-:l.,;'il *:'i:;:J ,l', ": ;:":ii:;.ilf

-nrnent / Director of Tovrn pranning wiilrin g0

able area 'n,,tt"'='The

Cur commitrne

. !,r/e hr;reby ,"JJ,::-:'",'::::;",:,:'J

y , r o r i i e oo u t

wou,dbe separately based on land uses and as per hill st:rtiorr r..grt"ti, lns'and s t r a l l n, o , t r e q v " -r a g e d e for ihe calculation of FS,.

,." Fs,

t:, ll I

ti

o i l l c r 6 r ns r i i l i g 5 f , or t i r e v i f l i i g i : rs. (::o sl rucl n

ner,,,ork :Ji:iH*ij.k.::j w rhin,;',il":]:

i n c . n e . . " .h o u , ses

cr:untry. li4oreov

b e s to f o u , -l : n o w t e c g " ;;,".,; co'cJition has bee. imposed'vhire sranting to a n v o f i l re co n struction "",,;;;r;;"*,i.,".rances I ur "u I

roircethat' to ihe

T :."9::o', ry:9:sgirieir(i lh: _[!q,

,,.}t
I i.li \.,'A ) A

t o r t l r e v i l l a g e r s , l r o s p i i a r l s ,s c h o o l s , all types of sori erosiorr control actir.,ities, olrution contror, aff.restation p nreasurris etc' are under the arnbit of corpor--te sociar Responsibr{ity. In vierv of the aforesaicl f ) i J r a r n e t e r so f c o r p o r a l e s o c i a l Responsil,'ility. ,e place for your kincJ n corrsicjerati{lntre fact t tliat we have already speitf crortts of rupes uV u/;l--v f o c j i s c h a r g i n go u r C o r ; r o r a t e S o c i a l R e s p r : r r s i b i l i t y a n i j f r rr t h e . r lt is reeuested tlrat vrhatever rve have spent srr.uid arso b e i n c r r i d + . : c J ; ,t h e (ja!-ltarked. arnount towards our Corpori:te Social Resir'nsibirity activity. Tire detairs and'photographs of the s a m e i n c o n r p r i a n c eo f o u r c o r n o r a t e s o c i a r Responsir;irity activity have already be'n submitted dtrring the EAC meetings. conrmittecJta corrtinur: lhr: sarnc

Our commitment to precondition (ir,,) w e t r e r e b yu n c r e r ' r a k/ec o n r m i t i h a i s o / "o f the prolect cost ( i ' e . ' 5 ? i o f t h e c c s t o i i l r e p r o j e c tf o r 2 0 0 0 ha (phar.:c: as r) n r e n t i c n e d n o u r a p p r i c a i i o ' ) v r o u r rb e e a r m a r k e c r i l tcvuards c o r J r o r a t e s o c i a r R e s p o n s i b i r i t y( c s R ) . T h i s earrn;:i-kecJ a r n c u n r - i s i r e i n g u t i r i z e c ra n d ' i i i l b e u t i r i s e r J lt,ithinrrre p r o j e c t a r e a o v e r t h e p e r i c c l . o fi l r e d e v e r o p n r e n t a I phase of t h e p ' o j e c t . l t e r n - 1 . , ' i s el o c a t i o n s a l o ' g r v i t h al time rrour-rd

,lq

cr*+''

actlon plan Floqt.-d_-bS..S-ubrlrit,te.d..in._3.-.rn.orith.s.-frorn,{tre-ctateh e r eo f .

i

,1

w i t h r e g a . d [ o ' p r e - c o n c J i i i c( v ) a s r n e ' i i o n e d :n r n y c , u ri e i i e i . , v o u ' i i r e e v ' e r et h a i h 4 c E Fh a s c i : ) i - , s i i t u t e c j t . : x p r : riti : a i l an io look into the deiairs ano t. suq!!est the E'iirorrnrer:l r e s t o r a i i o r frr r n c i T h e s a i c i e x p e r t t e a n ; i s y c t , t . r - e r e a s ei r c i r i

-\

i. A \"/A -S A

fi,..'ci^gswe tvould ' i i k e t o r e q r : e . . ;y o u ( rrr:re,rat r,^;e grven an opportr-rnity nray be ro examirre the iiriciirrgs of tr.lr. contntitieein the confexl of what i s r e r : l u i r e ciJ o be resforecj Our conrmitment to precondition (v) \4/ehereby uncjerlake / comrnit fo earntark reasonable funrJs for any environnrental u p g r a d a t i o r r ,i f r e r ; u i r e d on perusal of t t t e f i r t c l i n g so f t h e expert team as a.d n,lren they are nrac1e avaifable tc Lrs. lt is requested that we be given O l . r p o r t u n i t yf o r an sucir c? f i e r u s a l arr"r\r-J e x al f l { n a t i o n ( ' i m of the findings.

5'

conrmittee (EAC) irr trre Meetins datecl 31'r May 2 0 1'1 , rhia s t :e " ^c : : : t ntr e n d e d " l j r t c :lm , ilre of 2000 hectares) after appraisirrg the nranner ancj cc-rming to tfie conclu.sion that the project is environnren.tally sustainable of the project (i'e', project [n a detaired

rt is submitter, ttrat

t h e E x p e r - tA p p r a i s a r

e n v i r o n m e n t a re a r a n " * cl

,o ir,u'rr"

of rhe EAC arici "Jj*",H':lJ haci atso uncierral.:en : l:e:s s1a r l n dc jieo-' s : ." j r:"or a i i to i uviilrin r*nJonrble r tirne
t).

ii" iis affidavir atecJ 5rrr d 1 J u n e ? - c 1 1h a s

We . are making these subnrissions in

I J

d a te d 2 .7r ,, June 20i1 ;:: "r itti"r t- ;r ;;";;.;,' i rights and contentions a s r e g a r d st h e i r l e g a l i t y ancjonly rvi tfr a vi e r,,,o b ri ng i Jn ear ly enci to ilr e pr esent "tor t i m p a s s e h i c hh a s w b r c u q h r s o r - t_ e ; r , ; ; " " r ; s t ' : t u h .orr"e*u. We a re a l so . i n g_ so c.o in lhe inter er , ,r ,.- ."ffi :; ,":;. tlie invesiors, the ", cusion-rr:rs
. r . . i c ji l i e r s t a k e h 6 l d e f r j o as th.._

u.shro_b inr osed by.rhe_ ini r e p rvr stri, vi d ei:i: tte r. fiT l e : :|; jl,:r j._":__s_q

respeci of

tire

=r<
1.4\i A5A

s a u l t e l t ; t s a s s r J t ' n e c J n t o s t u r q e n c y e n c J n y f u r t h e r c l e l a r yn ut a i e l ' f e c t i v e l yc y e l t i r r q l e a r a n c e v / o L r l r , r . r lt h e f a t e r : f a l l s t a r k e : c p hcloers in serious jeopardy.

As you are ar^/arelrat the status quo issuecl l;y the Ministry i for stoppag" of *"rk is in iorce for tlre last ti nrontfrs and d u s : t o w l - r i c l r / ( : i l r r j p u t t o t r e i n e n r J o u sl o s s a n c i r r e p a r a b l e v c la l r n : i g et o t h e o r g a n i ; : a t i o n i ' , r h i c hi s i e : : c l i n gi o a s r t u r r t i o r io f collapse.

ln

addition to

tire above

mentionecl submissicns; and

r - ) o rr).1 t i l r r : r : n t s . . r e . r i s o i n f o r r r r h e r e t h a t w e c i o r r o i r r' c ie s i r - e oral lrearing in the nraiter-

we

humbly

recluest yorl

to

consirler

our

submission

synpathetically to issue us environnrental clearance arrd accord -us permission to carrv ou-r the construction anci d e v e f o p n r e n t r , r , o r k ss u b j e c t t o t h e f i n a l c l e c i s i c n o f ttre l{ori'ble High court of Bornbay in ilre wp Nos. g44g of z010 arici 811 of 201't r-egarding tlre applicabilitiu of iire Fln i{otiiications arrri the aiiegecl violations. \rv/eonce agairi* r e q u e s t y o u t o k i r i i l _ v i s s t r e t l r e E n ' " , i r o n r n e n t a lc l e r a r a n c ; e rnrith he abo,le c..rndiiiorit

Yours respectfui!y, For Lavasa Corporation Ltd-,

A t. Jr^

t - t G e n ( R e d ) S K J e r l e y . p V S I f t , . q V S t r , iS i i r l , Authorisecf Signatory

-7)

vY)

^ /\

/7nnrc*FG{tr-'B'

C E R T I F I ET R U EC O P YO F T H E R E S O L U T I O N A s s E DB Y T H E B O A R D O F D P D I R E C T O RO F L A V A S AC O R P O R A T T OL I M I T E DA T t T s M E E T I N GH E L D S N ow 25'" -luty. 2ot t lN nnunneAt.

The Ministry of Environment & Forests (MoEF) issued Show. Couse Notice

(scN)
(EP Act) to the Compony olleging violotions of the E n v i r o n n r e n t o l m p o c t A s s e s s m e n n o t i f i c o t i o n so f . | 9 9 4 o s o m e n d e d i n 2 0 0 4 t o n d s u p e r s e d e di n 2 0 0 6 . (Protection) Act, l986

Upon tlre receipt of the soid scN, the compony replied to MoEF on 2B'r' November 20-|0 ond filed o wP No. g44B of 2ol0 denying the ollegotions ond tlre Hon'ble Higlr Court, Bomboy odmitted the Wp.

B y o n o r d e r d o t e d l 7 ' h J o n u o r y , 2 o 1 l , M o E F c o n t i n u e dt h e s t o t u s q u o o n d directed thst no'construction octivity be undertoken. The soid order further stoted thot, toking into occount the submissions mode by tlre Compony, employrnent generoted, investments olreody mode ond third porty rights
,r.;i

olreody occrued, MoEF is prepored to consider the proiect on merits.

--Ttre-comForit;'fifed-onctThti-wp-Nb:-BrT'bt z0l-l-in Hoii'6te-Hiijti'-Courr,

Bomboy chollenging the Order doted I 7'h Jonuo . ry, ZO:71

O n 2 5 ' hJ o n u o r y 2 0 1 1 , t h e C o m p o n y s u b m i t t e d o l e t t e r t o M o E F f o r f i n d i n g o n end to the iniposse ond offered without prejudice, suggestions for MoF's c o n s i d e r o l i o n . M o E F b y i t s l e t t e r d o t e d 2 B ' hJ o n u o r y 2 0 1 1 i n f o r m e d t h o t i t

/lc{r. | {ll )--

LavasaCorporation Limited Regiltered Office : Hincon House, Lal Bahadur Shastri Marg. vikhroli (west), Mumbai 400 083,'tndia -Tit: +9 I 22 4025 6000 Fax:+91 22 4025 6889 S i t e O f f i c e i T o w n H a l l , A t V i l l a g O a s v e . P o s t P a t h a r s h e q T a l u k a : M u l s h i , p u1 0 7 4n d i a T e l : + 9 1 0 6 6 7 5 9 0 0 0 F a x : + 9 1 6 6 7 5 9 0 0 9 n e - ,l 1 2 2 20 w\M/v,lavasa,com

,;t>"

LAVASA

wos prepored fo consider the motfer of giving environmentol cleoronce to P h o s eI ( 2 0 0 0 H o ) o f t h e p r o i e c f .

The Compeny, os per poro 2r {c) of the order doted rz,h Jonuory,20r'l conrplied witlr the directions issued by MoEF. Furfher. in continuotion to its letter doted 25'h Jonuory, 20r r & MoEF's r e t t e r d o t e d 2 B , nJ o n u o r y , 2 0 1 r submitted opplicotion for phose l.

]l

ottended 5 opproisor meetings before the Expert Appraisol ('EAC') of rvoEF ond providecJoll the required.infgrmotion sought by the EAC' The EAc concluded thot the proiect is environmentolly sustoinoble ond tlrerefore recommended the issuonce of Environment cleoronce to the l ' ' P h o s e( 2 0 0 0 h o i . 'Committee

The Compony

o n I 5 ' nJ u n e , 2 0 r r r h e M o E F f i r e d i t s o f f i d o v i ti n t h e H o n , b r e H i g h o t B o m b o y stoting thot Ministry hos occepted the recommendotions of EAC ond it wourd issue the Environmentol cleoronce subiect fo complionce of the pre-condiiions mentioned therein ond these pre-condifions were communicoted to the compony vide its retter doted 27,t, June,20l I for cornplionce.

As per fhe letter d oted 2.r'h June, 2e11,o resorution of the Bosrd,oF.Directo.s of the Compony js to b mbmitted in response to the pr".o.,ditio., ,,o. I ond this is bosed on the office Memorondum dored r 6,h November 2or 0 of ".;;.

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I-AVA5A
A f i e r d i s c u s s i o n sh e B o s r d p o s s e dt h e f o l l o w i n g r e s o l u t i o n : f Resolvedhot: t the MoEF is of the view lhot tlre consfructions/developmentin Dqsve sector ( 6 8 1. 2 7 h o ) w o s c q r r i e d o u t w i t h o u t o b t o i n i n g p r i o r E n v i r o n m e n t o l C l e o r o n c e u n d e r E t A n o t i f i c o t i o n1 9 9 4 o s o m e n d e d i n 2 A O 4 o n d o l s o E I A Notificotion 2AO6, olthough tlre Compony mointoins fhot no prior

environnrentol . clecrqnce wos required under the soid Notificotions. However, in response to the precondition no.l of the letter doted 27'h

J u n e , 2 0 1 l , C o m p o n y w i l l e n s u r e t h o t o l l p r o v i s i o n so f E P A c t s h o l l b e scrupulouslyfollowed ond violotion of the Act (if ony), os qverred by MoEF, will not be repeoted. in cose ony opprovol is required from MoEF, for ony of our proiects, our compony will opprooch MoEF for obtoining necessory cleoronces ond constructionof the proiecf{s) will be initioted os per the cleqronces. the Compony hos in ploce environmentol reloted policies / plan of oction ond tlre some.lros been ploced before the Boord. 4. ony one of the Director or Mr- A Venkoteson, Compony Secretory or Mr. Arun Bodupoli, Sr. Vice Pr.esidentLegol of the compony be ond ore hereby severollyouthorized fo issue certified true copy of this resolution. Certified True Copy For LovosoCorporotion Limited

Arun Bodupoli Sr. Vice Presidenf-Legol

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LAVASA

By emoil/Hond delivery 12il' Ju{y,201I To, Tlre Direcfor, Ministryof Environmentond Forests. Governmeni of Indio. Poryovoron Bhovon, CGO Complex, LodiRood. N e w D e l h i- l l 0 0 0 3 .

KindAttn: Mr. BhcrotBhushon. Sub: Environment Cleoroncefor LovosoProject FileNo.2l-9l2O1 -lA-lll l

Deor Sir,
We ore in receiot of the cffidor",it doted lSthJune. 201 I filed in Writ Petition

Irlo.Bl I of 20ll on beholf of Unionof Indio ond the letterdoied 27n,June. 201I -i,ssued ll to us inierolio stoting ihot before issuingthe Environmerrtol Clecronce
"t fV/V)4(der, Conditionsspecified thereinwere required to be complied witlr us. We --'' \ 11 hove still not received ony order os contemploted by the provisionsof the l' ^ (Protection) Environmentol Act. 1986gronting cleoronce to the Lcvoso projeci It{-

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witlr or wilhout ccn-ditjons. fhe F-rom leno[-e!,,1h.-g,,,sqid,-offid-g]lit ,il,i$,cleg(,,,tftoJ.,,--.

complionce of these conditions ore sought to be imposed os o condition precedent for issuonceof o cleoronce order. ln reply to the oforesoid we hove to sfote os under: We submit thof before cn order imposing ony pre conditions or conditions is possed, we should be given personol heoring in the niotter os the some moy resultinto odverse civilconsequencesfor us.
.

bvara

Corporation

(imited (Werrl...Mumbai 4O0 O8f. India Tet: +91 22 4t)2j 60(A Fex: +91 22 4OZ5 6Bf, |ot, lfldi: ret;+g| 2o56759000fax:+gl 2056759009

Regist*d siteoffice: w.lavag.cm

Office : Hincon Houre. 247 Pgrk lSS Marg. vikhroti TmHalt

Atvdr.geoawe.Por(Pathafshet"raluka:Mutshi,pune.4|2

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LAVASA
Tlre pro",isionsof lhe Environmenf (Protection) Act, lg86 crnd the rutes fromed thereuncJerdo not corrtemplote imposition of crrry conditiorr for ilre

gronf of EnvirorrmentclCleoronce. Thus,suclr pre conditions would 5e wilrout ony outhority o[ low,.

prejudice to the obrovecontentions,we furthersubmit thot in orry Witl-tout event no suclr conditions of the noture specified in the soid offidovit or the oforesoidleiter can be inrposedon us interoliofor the followirrqreosons: condition No.l - credible ocfion on ihe violction bv the stote

Tlreseconditions connot be imposed os the some purport lo conclutle the issue os regords the olleged violotion of environmentol low. In our Writ Petitons, hove interolioroisedthe followingcontentions: we The Notificotions questionore ultro viresthe Constitution lnrjict in oi .l986. ond olso the Environment(protection)Act. ' 1n ony evenf; the Lovsso project ,not is covered ,b,tu. -on\:.CIf..i:lie Notificotionsin question. b. o'

We furfhersubmit thot in ony event, obtoining environmentol clearcnce is not o condition precedent for storfing the project in question. Environmentc! Cleoronce con olso be gronted post focto

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LAVASA
Accepfirrg fhese conditions would imply tl-rot we occepl hcving violcted these conditions."we ore being coerced ir'tto the lor.v of llre lond. By irnposir-rg including ttre occepting violotionsond tlrereby ir-rfringing Constituiionclrigl'tts our right of legoldefence in llre proceeding directed to be irriiiotedogoinsl us.

It is submilied tlrot the MOEF in the soid conditions is insisting thof we odmit violotion of Environmenfol lcws ond undertoke not to repeot the some in fulure os o condition precedent. We connot give ony suclr cdmission or underioking, os the some runs counter to our bosic contentions. Tlre some would tonfomount to odmission of guiit ond would leove us with no defence in the oction direcfed to be initioted ogoinst us. ln other words. ttris omounts to coercing for self incriminotion.

2.

Condition No.3 - The scole ond intensitvof development of ttre hill

town sholl be os per the Hill Stotion Regulotions ond slroll be revised bosed on develoocble/buildoble oreo. A cleor denrorcoiion of "no

develooment/consiruction zone/oreo" sholl be identified comprisino of (_o)oll woter bodies (b) forest londs/forest lil<elonds cnd (c) creos steeoer thon l:3. The developcble/buildoble oreos sholl be verified thror-rgh Stoie qovernment/

Director Town Plonninq ond the colculotion of FSIsholl be mode occordinglv, No development sholl be token up in oreos steeper thon or equol to l:3. The FSi colculotion sholl be worked out seoorotelv bosed on lond usoge ond sholl not be overoged for fhe colculotion of FSl.

ln respect of this condition. we hove olreody submitfed mops showing the development octivitieson o slope steeper fhon l:3. We hove olso submitted the slope onolysis ond the method of determining tlre 1:3slopesin the Hill Stotion oreos. The condition requiring disclosure of oreo steeper thon l:3 stonds comptied olreody. We hove submitted these documents right from December. 2010 ond/or during the Committee's visit on sife. Some of these

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LAVASA
during the EAC,smeetings from lime to 1ime. Inspiteof the cforesoirJ, rhiscondition is put up requiri.g us to prepore o pron ofreshwhich exhibits totol non o opplicotion of mind ond orbitroriness we hove olreody occepted thot no clevelopment octivitiescon be corried ouf on forest londs' lt wcs olso exploined thoi the forest ronds do nof form port of the Hill stofion oreo' rhe some is token core of by Hillstotionregulotions itself. reqcrrcrs As existing woter bodies.the some ore otreody defined. Ihe requiremenfof No Deveropment in oreos steeper thon or equol fo l:3 iso conlenfiousissue ond requires odjudicotion.lt isnoi odjudicoied yef by ony outhority' rn ony event, the soid condition does not rerote to ony of the Notificofions question.we in hove orreody mode it creor ifrot we ore not corrying out ony buirdingconstruction in oreos steeper thon r:3 ond we ore orreody in complionce witl-rthe some' The soid foct wos pointed our ecrrrier srctecj cs we objec*o rhe condition "no deveropmenr of in oreos ecruor -T::: l" r'r :_ol"*tts no outhority inere of low to impose such condiiions nor is flrere;ony justificotion the some. for ..development,. The expression lros to be construerjto meon only building construction ond slrould not incrude roods or other bosic infrostrucfurerequirements or deveropment rike gorden oreo deveiopnrenf, recreotionoloreo development etc. *re condition thot the FSr corcurofion sho, be worked oui seporotely bosed on lond usoge ond sholrnot be overoged for the ccrlculotio' documenfs were orso submitfed

exclusively within the power ond outhority of the stote Government ond ils instrumentolitiesunder thg provisions of Mohqroshtro Regionol ond rowir PlonningAct. The centrorGovernrnent hos no rore nor ony outhority to give ony such directionsor the monner of corcuroting the FSr. The preporotion of pron ond geffing it certified from the Director for'Town pronning is orso equory without outhority of low.

ond "l fll il l9-l'-9-gp.gpioble the some is orso o contentiousissueLc;c;i;iririg-r cdjudicotion by the oppropriote oufhority.rne queiiion or-rSi r -i.,oilv ,:,iJ

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LAVASA

3.

Condition No.4 - Atleosi 5% of the totol cost of the proieci slrollbe

eornrorked tov;ords tlre Corporote Sociol Resoonsibilitv(-CSR)ond item rvise deloils olonQiniit-r time bound oction olon sholl be oreoored ond sholl tre submitted to the Ministrv's Reqionol Office ot Bhopol. The implenrentotion of such progromme sholl be er:uured occordinglv in o time bround monner.

In respeci of the obove condition, we submit lhot there is no outhority of low to impose suclr o condition. The concept of Corporote Sociol Responsibility lros io be voluntory ond you connot force us. In ony event. the 57" of the totol cost of the project moy be o l-ruge omounf ond connot be imposed upon us. Nzloreover. the condition is ex facie orbitrory os there is no method
naln--i^^ +l-^ ^^^r ^f ll-^.--^;^^l ^^-:^ rL

in lov,r to

uerer nrn,e ine cost of the project nor is there ony method indicoied in the soid letter to determine the cost of the project. The concept of Corporote Sociol Responsibilitynot yet defined or recognisedby low. Therefore. pencliseus on is to this counf is unocceptoble. We would olso like to know the bosis ond the colculotion for orriving the figureof 5/oof the project cost. lt hos olreody been of demonstroted to you thot substontiol expendiiure hos olreody been voluntorily incurredon voriousCorporoteSociolResponsibility octivities. 4. Condition No.5 - Lovoso Corrrorotion Limiied sholl submit on

undertoking/commitment eormork necessory/odequotefunds os per report to to be submifted shortlyregordinq the quontum of oenoltv/recompense ond

The condition No.Sis olso not occeptoble os there is no outhority of low to impose ony penolty/compensotion/contribution towords Environment RestorotionFund. In ony evenf, we hove not violoted cnir environmentol low. This condition is olso ex focie orbitrory os the letter does not indicotsthe monner of colcuteiing the RestorotionFund. the onotysisorrived ct by the MoEF. if ony, in respect of purported Environmentoldomoge, there is olso no onolysisin respect

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LAVASA
of monner of colculcrting ll-requontum vis o vis in the ncture of purponeo domoge, etc. witt-rout grrejudice tire obove. unlessthe omount of purpoflecl fo reconrpense/penolty quontified.the questionof imposingit os o pre condition is of giving on open ended underlokingconnof orise. All the oforesoid contentions need o detoiled personol heoring. Tt-re contentions roised ore in the nqture of preliminory objections to these contentionsond we reserveour rightsto file furthersubmissions.
Thonking You, Yours sincerely,

For Lovo/o Corporotion Lid. (Authorised Signotory)

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LAVASA

Ttre Director lA Division lll, Ministry of Environment and Forests, CGO Complex, Lodi Road, New Delhi. Kind Attn.:- Strri. Bharat Bhushan, Director Ref.:- F. No.21 - I / 2011-1A. lll

2710712011

Sub.:- Environment Clearance for tfte development Station Townslrip (1" phase - 2000 ha)

of

Hill

Respected Sir, This has a reference to letter dated 25.7.2011 0f the

Milistry of Environment and Forests (MoEF) received by us in response to our letter dated 12.7.2O11 in which we had sought a hearing for making submissions irr regard to the preconditions set out in the Ministry's letter dated 27th -June 2Q11. We are grateful to the Ministry for giving us the date of 5th August, 2011 for the above requested trearing in respect of the said preconditions. However, you are aware that the next date of hearing before the Hon'ble High Cor-:ri.

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31 tr1 Ltr--

o f B o m b a y i s o n 2 9 t hJ u l y 2 0 1 1 , w h i c h i s b e f o r e t h e d a t e o f the hearing given by the MoEF. We, therefore, in addition to our letter dated 12.7.2011,are also sending fhis letter which contains the details of what we intend io subrnit before the MoEF at the time of the hearing. We also subnrit that based on the aforesaid, our case may be processed further for appropriate decision without waiting for the a b o v e m e n t i o n e dh e a r i n g s c h e d u l e d o n 5 t h A u g u s t , 2 0 1 1 .

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,
lrvasa Corporation Regirteredoffi(e: Site Office i Tom

Limited Hincon House. tal Bahadu(Shartri Marg, Mkhroli (West), Mumbai 4O0 0s1r lndia Tel: +91 22 4025 6000 Fax: +91 Z2 n425 6a89

t{all, At viilage Dasve, Post Patharfht, Taluka : Mulshi, Pune - 4.t2 rO7. India

Tl: +91 20 66759000 Fax: +91 20 66759009

www.lavaia.com

LAVA)A

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i)

As regards precondition no. (i) relating to the alleged violation of tlre EIA Notifications on subnrit as follows. oLlr parr, \^/e

id t

You are aware that we have filed a writ petition in the Horr'ble High Court of Bombay, being Writ

Petition No.944B of 201O. The said writ petition relates to tlre fMinistry'sShow Cause Notice dated 25.11.2010. The said Writ Petition was extensively heard by the Hon'ble Bombay High Court and at the time of the lrearing, the Additional solicitor General on belralf of the Ministry made detailed

submissions. On 22.12.201O, the Hon'ble Bornbay High Court, inter alia passed an orcjer iiii,.j

observed as follows:

PARA 12 OF THE JUDGEMENT ' fu We ar e safisfied that fhe issues r aised by the P e ti tioner s r egar ding appticabitity of the Notifications eferred to hereinabove is required r to be considered, and it would not be a:ppio;iiiate to a n d d e - m e r i t so f t h e a r g u m e n t s a d v a n c e d b y i h e re spective par ties." b. lt is therefore evident from the aforesaid Orclerof the Hon'ble High Court of Bombay that the issue of

t h e a p p l i c a b i l i t yo f t h e E I A N o t i f i c a t i o n s a n d t h e i r alleged violations is under consideration of the Bombay High Court.

LAVASA

It may also be noted here that the counsel for tlre State of Maharashtra lrad also stated, on 2011, during tlre lrearing on Hon'bie High of Court, the tliat EIA are the matter matter 1 2 - 0 7in ttre of and tfre ihe ttre

the

applicability alleged

Notifications already

violatiorrs

under

consideration of tlre Hon'ble Higlr Court, and lrence the question of taking any action by the State Govt does not arise.

d. On the basis of the above, we lrumbly request till a d e c i s i o n i s f i n a l i z e d b y t h e H o n ' b l e H i g t r C c { . r i t ,! , , , e are unable to submit compliance as per C.M. rjt. 16-11-2010. We will abide by the Hon'i.iiu ii;i-;i:

Court's decision in ttre matter. h ---J Our commitnrent to Precondition The applicability of (i) issue of alleged

notifications and

violation is under consideration of the Hon'ble Hign i:cur"t of Mumbai, and compliance to the decision of the lla*"r;i,,: High Court's Order does not need.any.ee!.nlnitment,.

2.

A s r e g a r d s p r e c o n d i t i o n sn o s . ( i i ) a n d ( i i i ) , w e s u b r i i i t I h a t w e a r e c o n s c i o u s o f o u r r e s p o n s i b i l i t i e sa n d h e r e t r . r,,, r r r - ' t , r r t . , o u r c o m m i t m e n tt o c o m p l y w i t h t h e s a i d p r e c o n d i t i a n s .

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LAVASA
A t

Our commitment to precondition (ii) w e l r e r e b y u n d e r t a k e/ c o n r n r i tt h a t ilre scarea.cJ intensity of tlre hiil statiorr town wourd be as per hiil station regulations-lt is in the process of reviewing the rayout plan of the area based on devefopabre / buirdabrearea. Further a crear demarcation of "no cleveropnrent r c o n s t r u c t i o nz o n e r a r e a " w o u r d b e i d e n t i f i e d based on the c o n r o u rm a p s w f i i c r 'w o u r d i n d i c a t e ( a ) r ail ilie water bodies (tr)' forest lands/forestrike rands and (c) areas steeper than 1:3- we further undertake / confirm that ttre d e v e l o p m e n tw o u r d b e u . d e r t a k e n o n r y on the deveropabre / build able area. The map showing devetopabre/ buiid able area wi, be submitted to ttre State Government i Director of rown pranning.we wi, get the same verifieci b y S t a t e G o v e r n n r e n t D i r e c t o ro f r o w n p r a n n i n g / within g0 days.

Our commitment to precondition (iii) we hereby undertake / commit that

the FSt wourd be

w o r k e d o u t s e p a r a t e r yb a s e d o n r a n d uses and as per hitl

.t-lutjg,l...t..9g-yl?.ligtr!,-?nq_ .b.en-o-[ .a-v-er_ased the _9h.alt far

c a l c u l a t i o no f F S l . A s r e g a r d s t h e p r e c o n d i t i o nN o . ( i v ) , we bring to y,surkincj notice that, to the best of our knowredge, no,such condition has been imposed whire granting e n v i r o n m e n t a rc r e a r a n c e s t o a n y o f t h e c o n s t r u c t i o n/ a r e a d e v e r o p m e n t projects in the country- Moreover, ail the activities rike road construction networkwithin the projectarea, transportation facilities and o t h e r a m e n i t i e sf o r t h e v i i l a g e r s , c o n s t r u c t i n gn e w h o u s e s

J.

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LAVASA

for t[re villagers, hospitals, schools, all types of soil ercsicll control activities, pollution control, afforestation nreasures etc. are under the arlbit of corporate social Resporrsibility. In view of t[re aforesaid parameters of corporate social

Responsibility, we place for your l<indconsideratiorr ttre faci that we lrave already spent crores of rupees by way of discharging our corporate Social Responsibility and furilrer committed to continue the sanre. lt is requested that

whatever we have spent slrould also be included in ilrt: earmarked amount towards our Corporate Social

Responsibility activity. The details and photographs of ilre same in compliance of our Corporate Social Responsibility activity have already been submitted during the EAC

meetings.

Our commitment to precondition (iv] W e h e r e b y u n d e r t a k e / c o m m i t t h a t S o ho f t h e p r o j e c t c o s i ( i . e . , 5 o / "o f t h e c o s t o f t h e p r o j e c t f o r 2 0 0 0 h a i P h a s e l ) a s m e n t i o n e di n o u r a p p l i c a t i o n )w o u l d b e e a r m a r k e d t o w a r d s Corporate Social Responsibility (CSR). This earrnarked a n r o u n t i s b e i n g u t i l i z e d a n d w i t t b e U I i U S e - - W.i _ t h itn . e _d h p r o j e c t a r e a o v e r t h e p e r i o d o f t h e d e v e l o p n r e n t a lp h a s * c f the project. ltem-wise allocations along with time troul'id action plan would be submitted in 3 months from ilre ,-iai= hereof.

4.

W i t h r e g a r d t o p r e - c o n d i t i o n( v ) a s m e n t i o n e d i n y o u r l e t t e r . you are aware that MoEF has constituted an expert team to ' took into the details and to suggest the Environnrent r e s t o r a t i o nf u n d . T h e s a i d e x p e r t t e a m i s y e t t o r e l e a s e t h e i r

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(n

findings. 9rVn

findings
q

opporru j' s u c h nryro .,,':'.'. eo,s a r T lT:i: o u i a p ru

";*;,,l,,::u..n"b efund jl:,ff:"i: "::,:":i::::::iil -: ff : r"J r" J.,i:

given an and exam, nation of the

h e re t h a t w e t t ta Y b e to t^"n"nu cornmittee,n'ooortunity t'e findings the context oi the o , . , y h a ti r s r v v u titr o ' equ ed to be restoredour comnritr'e^r +^ unt to precondition we hereoo (v) u,., / comm for any envirordertake

W e ^ " u / cA t . , * ,n,t / like t o r' e Q u e s t you an ;

o the 1't Phase after appraising a dr manner the' that the o r o r u . ='*' " iee d i r o n * " ' n " n o c o m i n g t o t h e c o n c l u s i o n l nv in its affidau,,' susta'nuo" The Minist'y dated 15.h r,'u"' 2011 recomrnendatio has o' 'nu EAc pass an order *n" project in (i'e'' 2 0 a 0 -ln tc tla r e s ) ea

(EAc, :::::,":::.im,,een j:.,;,;:l:::1i :"j*# c l e a r a n c e M t y 2 0 1 1 ' h a s

ft j s s u b n r i t t e d that the E*Pu its Minutes

,,, ::.{i!1.,:: .,..:::.::'-:: ar*uonuolJ.lrj"J;t.,.,t:"':; :;;the

o.

makino fh ^^ t r _e s e s u b n ' preconditions t h [ ar - sough, 'e of " v u 9 f i t *]' tntj",L"^^t"d.r espect to be impose v iti rtr,l e t t+td e ta e r

lttv E Y ^ are

da

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i n r " . " . , ; ;f; " ; rheinvesrors, o the pubric , ir n n u s t o m u . . 'e c at rarEe, u ; td e rte s tr s t a k e t o he h o l d e r sa s t h e

o,"o"nn,l":: weare ool^T ;i'1,-,"n1,.t"l o.u.un, u,,o tota collapse' so in the

preiudice to ou'r a s , :-og1 r d s ;' a with a view their legality , , n * u nn ig n s bri t o about and only impasse whicho the

r i s h r sa n d

2 7 ' hr u n e

.o'"0

, o r r ; ; ; ; irt,h o u t w ":

ou the Ministrv

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LAVASA
in s a m e h a s a s s L l r n e du t n r o s t L l r g e n c y a n c l a r r y f u r t h e r d e l a Y effectively gettirrg cleararrce would put the fate of all stake h o l d e r s i n s e r i o u s j e o P a r dY .

7.

As you are aware that the status quo issued by the Ministry for stoppage of work is in force for the last B nrontlrsand due to wlrichwe are put to tremendous loss and irreparable d a r n a g et o t 5 e o r g a n i z a t i o nw [ . i i c hi s l e a d i n g t o a s i t u a t i o n o f collapseaddition to ttie above rnerrtioned submissions and

B.

In

c o m m i t m e n t s ,w e a l s o i n f o r m h e r e t h a t w e d o n o t d e s i r e oral hearingin the matter.

We humbly request you to consider our submission

9.

sympathetically to issue us environmental clearance ancj accoro uS pernlission to Carry out the construction and development works subject to the final decision of the Hon'ble High court of Bombay in the wP Nos. 9448 of 2010 and 811 of 2011 regarding the applicability of the FiA once again -,."Notifie-ations--a,nd-the--al'|eged-' vio-latiotls":-" W

request: you to kindly issue the Environmental Ctearance with the above condition.

T h a n k i n gy o u , Yours respectfully, For Lavasa Corporation Ltd.,

I uYrr
Lt Gen (Retf) S K Jetley, PVSM, AVSM, SM Authorised Signatory

/1

I*nu^etXV.'-t 4

\R LAVASA

Ajirculabchrnd
Chtirmao

S e p t e m b e r1 3 , 2 4 1 1

Smt JayanthiNatrajan, Charge) Minister State(lndependent of and of Environnrent Forest Ministry Paryavaran Bhavan CGOComplex, LodhiRoad NewDelhi
MoEFFileNo.: 21 - 9 | 2011 - l.A.lll : Lavasa Hill Statiort Project

CLEARANCE BY-MoEF Sub.:- NON ISSUANCEOF FINAL ORDER/ENVIRONMENTAL LAST THREE MONTHS THOUGH APPRA.ISED AS FOR THE ENVIRONMENTALLY SUSTAINABLEPROJECT BY ITS EXPERT APPRAISAL COMMITTEE.

Dear Minister: 1. This isfurthertonryletterdl22nd Aug'11 earlierlettersand various 2. Thestoplvork order was passed the MoEFon 25.11.2O1O 17.1?011.Order by dated and 17.1.2011 includes that the MOEFwould be preparedto consi,lerLavasaProjecton for rnerits approval. 3. Accordingly Lavasasubmitted request the MOEF on 25.1.2011 considering a to for the case.The MOEFon 28.1.2011 wroteto us as foflows: "Havingragatd to the conttnitments expressedby you, Ministryof Environmenf& Foresls is prepareclto consicler t!rc matterof giving enviionmental ilearance to Phaset of the auer about 2000 ha,.asJo.or*sc-nptete information ma<le is availahlefar .. .......-...ptaiest.sryt:e.ad appraisal of the project, [ncluding the Applicatfan Form. Ttte,Ministry/s a/so prepared to conside( the proigct,.ina nteetingof Expert ApnraisatCommittee (Coastat Regulatiort Zone & lnfrastructure) an early date in whichyou would also be invited and thereafter at resuntption constructiort of v,orkivitlbe considered. I/us rssue with theapprovalcf the Compelent A.uthority.' 4. Accordin$ly. applied MOEFfor theirapproval 7.2.2011.'TheExpertAppraisal we to on (EAC)heldfive rneetings this regardand recommended meeting 31ui Committee in dt in May'2011that Environmental Clearance granted to the said projectwith certain be conditions 5. Tlrereis an OfficeMenrorandum dated 16-11.2010 which is retiedupon by MOEF for considering approvalto proposals the involving violationsof the Environment Protection Act or EIA Notification CRZNotification. is universalty or This appliedto alt projects where violation purported is
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LAVASA
The l\4oEFhowerrer, while going beyondthe recomnrencjations the EAC, of irt BornbayHigh court dated 15.0.20t1.souglrtto irnpose pre-condition,by its affidavit 1t:i iime in history of MoEF) to be satisfied us and the state by of MaharashlraSeforegrantof the Environmental Clearance- The four discrirninatory pre-fondlfions rvhich were not envrsaged even in rhe MoEF retterdated 28.1.2011 as foilows: aie (a)
(b)

credibleaction on the violationby the State Govenrment of Maharashtraunder protectionAct 1g86 the Environment

subrnission a writtencornmitment us in the fornr of by of a fornralresolution fronr Board of Directors of.the company that viorations the Environment of ' Protection etc.shailnot be repealed Act atleast5o/o the totatcost of the Projectshall af be earrnarked towarcjs lhe Corporate social responsibitityprovision an Environmentar of Restoration Fund.

(c) (d)

7' we say thataccording oM dt 16.11.2010. to onlycondition abovecouldbe envisaged. (b) The other pre-conditions not even envisaged are in ,uspect-;i il"Jili"on erolects. Hor'vever. discriminatingly, aboveconditions"*eru the irpt*ed. lt has been foundby us that in respectof four othersinrilarly situated pro;e"i", ile the abovepre-conditions in facl has treated projects nqogp has not imposed and the with differentstandards than us. The following projects April2011to Junezolriirili provethe discrimination: [during

OF

PROJECT ACTIVITY

L&T Tech Park Pvt. Ltd. Constru. of lT Park

of Slums

Akshay AHR Prom Bird Airport Lavasa Sathpathya & Dev Pvt. Hotel Pvt Corporation Ltd. Pvt.Ltd. Ltd. Ltd. Redevelop. Constru. of HotelPro.lect HillStationProject

Group

ALLEGED VIOLATION

Hou Constructio Construction Construction Construction Construction n:slarted j started started star{ed started without without I tvithout without ryithout obtaining prior i obtaining oblaining.- -.. obtaining ,- obtaining.,---.' -Pnol:''.----- -:CRZ'*''-'"-'-:approrratunder EIA '- -pri6i ---

approval Clearance- approval approval underEIA underEIA underEIA Notification tlotification Notification STATUS THE Granted OF on I CranteO on Granted on f Granted 6n ENVIRONIIIENTA 1.6.201 t.a.zott 1 i 2o-4.201f l0.O.ZOrr L CLEARANCE

Brioir-:'-"'

- "*

Notification

Not Grantedsince approval subject to Preconditions; thoughcomplied with bv us.

B' Thefollowing would showthateachof lhepre-conditions imposed the M9EFagainst by us is a condition'rryhich is non-existent noi or ;;;;;d against of the.above any four (all in the construction ";;; field)iuho'r,*u" admitredry 3::i::lJi?ronents viotated the proredion andhave Acr been sra;;; rre inviron*;;;;EH.u*u expost ;:l:rn**nr

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LAVASA
t O T A B L E B : D I S C R I M I N A T I O R E G A R D I N G M P O S I T I O N F A C T I O NB Y S T A T E G O V E R N M E N T N AS A PRECONDITION.

NAME COMPANY

Tcch ; Akshay A H R P r o n r Bird Airport L&I Pvt ParkPvt.Ltd. Sathpathya & D e v P v t . H o t e l pvt. Ltd. I t.l Ltd.
No. Intinration to the State Governrnenl is sent, hor.l,ever. is it n o t m a d ea precondition. No condition of State Governmentaction to be taken.

LAVASA

Corporation

PRECONDITION TO TAKE Simultaneous wiih the ACTION BY intirnation STATE lo G O V E R N M E N T . the Stale Gor,grnment, the Environmental Clearance was granted on tlre same

Yes. A pre-conditiort is irnposed until that SteteGovernment

!-1,^^ (d^g) ^^{;^^ dvtrur I,

Environnrental lvould Clearance not be issued-

T,ABI*E C: SUBMISSION OF A WRTTTEN COMMITMENT lN rHE R E S O L U T I O N O N O T . ' R E P E A T "V I O L A T I O N . T

FORM OF A BOARD

L&T Tech I Akshay AHR Prom & Park Pvt. Ltd. I Sathpathya Pvt. Dev Pvt. Ltd. "Resolvecf "Resolved that, ihat,if any the Company shall project strictly adhereto requlresprior and conrply rvith approval be the provisions to of cblained from the Environrnent (Protection) Ministry of Act, Environrnent 1986and the rules & Forest,the and regulalions Company will rnadethereunder not undertake irrthe execution of construciiort.of the slum -,. such.projecls.. :rehabiliiation pfoiectof the in future witrrout Company known obtaining as "MFriamma the priorapproval Nagar" and ensu,re of Mirristry of that no violations Environn'lent are cornmitted & in horest.respect tne ot of .project the Company.".... Companydoes not, nbr is atteged to haveviolated EP Act....

Eird Airport HotetPvt Ltd.

Lavasa Corporation Ltd;

No Resolution that inrmediate O n l ya n 'Resolvad thatif any affldavitr,,rith actions takerr be

''Resolved

to by the to un{grtakittg Company notto execute ensure worksvrit'hout compliance obtaining underthe environrnental En'vironrnent clearance, Protection Acl and to fornulate necessary , envir.onment.--policyto be follor,red that so oo vlolaiion of any kindoccurs underthe Environment Protection Act and its related Rules and Regulations.''
atl

prior fr,iureprojectrequires to approval be obtained from the f,rlinistry of Environment Forests d (MoEF), Conrpany will the not undertake construction of such projectwithout obtaining prior the approval tvloEF". of

2"0RESOLUTION .(addilional paragraph) "Hor.rever, to in'response the precondition'No. of 1 the letterdated 27rh June, will 2011,Company ensure thal all provisions of P Actshallbe scrupulously folloll'ed and violation the Act (if any), of as avened by l/oEF, will

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LAVASA

L&T Tech Akshay AHR Prom & Eird Airport Park Pvt. Sathpathya Dev Pvt. Ltd" Hotel Pvt Ltd. Pvt.Ltd. Lrd. vvr\rvrrAlE INONE NONE hIONE NONE. SOCIAL I RESPONStBtL|TY I FUND. I
OF

NAME COMPANY

Lavasa Corporation Ltcl.

YES.

T RESTORAT NAME OF L&T T e c h Akshay i RttR-pronl COMPANY Park Pvt. Sathpathya ,& Dev pvt. Ltd. Pvt-Ltrl itr'l ENVIRONMENTNONE NUhtt. NONE. RESTORATION FUND.

UND Bird Airport L a v a s a Hotet Pvi Corporation Ltd. Ltd. NONE. YES

9' We havecomplied withalt lhe pre-conditions 5,8-201 Hov,rever, on 1. stillthe MoEF is not issuingthe Environnnental clearance.tto intornration being provided 'v is vv'r'v F by the fr/oEF regarding status our Clearance. the of (a) In any case, the ore conditions(ai, (ci and (d) are extraneousto tfie office Mernorandum' condition inilr-*E'ri-t"!Memorandum (a) dated 16.1.r.2010 does not contemplate the actionto be raken by the state govern*unr to be a pre-condition precedentfor environmental clearance. The MoEF has also ccnstruedit to be so in respectof otherProjectsHowever. our projecr, for MoEF discriminatingly insisting is that atl the four conditions shoutdne treateu;;-d;;;;oTirnr, wrrhout satisfacrion of which no Environmental cfearan.* r*uJJ or issr"0.'*""i0 our stakeholders be _ j. . .._.._. ___wfongwhentheyask ._" (b) Are we beingvicitmised discriminated and against? (c) ls apprying different yardsticks a misuseof authority? not (d) ls it a deliberate attempt delaythe grantof the Environmentaf to clearance when it is obviousthat it is causing much so hardship and financiar ross? 10'Despite the EAC recornmendations grantfng for Environmental clearanceto our project, acceptance the same by MoEFang. of dulco*pria".. i"'the preconditions stated ai by MoEF in its refter.dgl.d zt.a,.-iot1,'ir.," stop w;;k il-r issued by MoEF remainsin force sincethe last 10 monthl,Ju" to which, we are ,;;;g huge lossesand irreparabre teadingto a situation ;f We rraveOetaitBd out in our variousearfier this ,l?#iX:" "orr"p"e.

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LAVA5A
14 tl

We feel ttratwe are being unfairlyand unjustlytreated \d-renother conrpanieswiilr simiiar issues have already been given lheir clearances Even after numerous appeafs, during the hearings at the MoEF, apprising thenr about ttre hardships caused to us,' th6 Environnrental ClearatrceOrder continues to evade us, thouglr our project is appraised as an environntentally projectby the EAC. sustainable ln vierrr lhe above, we requestthe MoEF to provide the environmentalclearance of to us and ensure that justice is done to us.

a-

Yoursfaithfutty,