Maharashtra Pollution Control Board files complaint against Lavasa
The Maharashtra Pollution Control Board (MPCB) filed a complaint against the promoters and officials of Lavasa Corporation for violation of the Environment Protection Act at a Pune Court on Friday.
Details of the violations by the developer for which proceedings have been initiated were unavailable till late evening. However, MPCB officials said Mr Ajit Gulabchand, Chairman of both HCC and Lavasa Corporation; Mr Gautam Thapar of the Avantha Group; Ms Anuradha Desai of Venkateswara Hatcheries; Mr Vithal Maniar and Aniruddha Despande; all non-executive directors, besides Lavasa officials, were named in their complaint.
The court is expected to take up the complaint for scrutiny on Saturday or Tuesday.
Hindustan Construction Company holds 65.01 per cent stake in Lavasa Corporation, Avanta Group 16.25 per cent, Venkateswara Hatcheries 12.79 per cent and a private investor 5.95 per cent.
PENAL ACTION
MPCB officials said penal action would attract penalties under Section 15 and 16 of the EPA. Under Section 15, the penalty for violations is punishable with imprisonment of up to five years or with a fine of up to Rs 1 lakh or both. Section 16 relates to the offence committed by a company. It says every person who, at the time the offence was committed, was directly in charge of, and was responsible to as well as the company, are liable. The liability will not apply if they prove that the offence was committed without their knowledge or that they exercised all due diligence to prevent the commission of such offence. Company officials too are liable if the offence is attributable to any neglect on the part of any director, manager, secretary or other officers of the company.
On October 20, the State Government assured the Bombay High Court it would initiate ‘credible' action against violations of the developer in two weeks as sought by the Ministry of Environment and Forests (MoEF). The court had given two weeks to the State Government and a week thereafter to the MoEF to decide on award of clearance or otherwise.
MoEF set five pre-conditions for awarding environment clearance to the project of which one was that the State should initiate credible action against the developer for violations of the Environment Protection Act. The other four are an undertaking by the Lavasa board that such acts (violations) would not be repeated; floor space index would be worked separately and not averaged; five per cent of the project cost would be allocated for corporate social responsibility and setting up of an environmental restoration fund.
UNFORTUNATE: LAVASA
A Lavasa Corporation statement said, “In compliance with the pre-conditions set by the Ministry of Environment and Forests (MoEF) for granting environment clearance to the Lavasa project, the Maharashtra State Government has taken necessary action by filing a complaint in the Magistrate Court, Pune. It is unfortunate that the State Government which had itself granted the environment clearance to Lavasa in 2004, has had to initiate this action.â€
Incidentally ‘action by the State Government' was the only precondition coming in way of the project getting environment clearance from MoEF, the statement added.
This is our first hand experience of Lavasa, Pune, India. When one decides to invest in Lavasa you should not expect anything that we so take for granted in a normal Indian City.
Lavasa is a hotbed of City Sponsored Terrorism. We are sure you would have read enough news articles of them taking away tribal lands and villagers being cheated of their properties. Now a new trend is emerging in Lavasa. People who have invested in residential properties are being harassed and made to pay some obnoxiously high charges under various heads. In addition, no one is allowed to make legal income from their second-home property. Lavasa intervenes in every transaction of every residents. You would be given a red carpet welcome when you are investing but soon would be made to feel as if you are a criminal. For sure you would feel cheated sooner than later, as we have experienced ourselves and have seen many residents feeling the same. We have personally experienced mine and many other’s investments in Lavasa being taken over forcefully, with the use of guns and other weapons by Lavasa Corporation and have also known of locks of many personal houses of many residents being changed without the prior knowledge of the owner. The house owner is then forced to travel to Lavasa, cough up a tidy sum to get the house keys back. Then they are threatened that utilities would be cut-off should they disagree with Lavasa ever.
Lavasa Hill City has also turned into a place where businesses are cheated and their assets and properties taken over forcibly by Lavasa Administration. In a democratic India , Lavasa is a unique city where fundamental rights of residents who are owners of businesses, villas, apartments and houses are massacred at will with full support of the Top Management. The Special Planning Authority – SPA - given to Lavasa is being used against the citizens at will. It is this Special Planning Authority that is the reason for such power going to the heads of Lavasa Management.
In the documented words of Scot Wrighton, the American City Manager of Lavasa " I have grown frustrated as I deal with a business climate poisoned by the government and a lazy media that depicts Lavasa as a place that is just a city for the wealthy, where environmental norms are flagrantly violated, and where we steal villager land." What a wretched outlook to India.
Remember that Lavasa is controlled by private security guards who are actually goons employed. No one dare raise an issue in Lavasa else the City management sends goons dressed in security uniform and takes over private properties of the complainer. Terrorizing people, manhandling them, profiling them, issuing threats of dire consequences and trailing people, all happens in Lavasa. That is Lavasa for you.
We have invested in Lavasa and seen all our investments evaporate. Beware, before you meet the same end that we have met. If you are investing in Lavasa check with many who have done so and still waiting for years to get possession of their property. There are hundreds, if not thousands of investors who are in various stages of conflict with Lavasa. A great mutiny is on the anvil.
Lavasa is place where the administration works against you and you have no one else to complain because they have absolute powers. Lavasa is a one way street, you can invest here by would not find any buyers later. Yes Lavasa helps – they simply send goons with guns and take over your property.
For us we would like to recover our hard earned investments and move on. Please help us recover our investments.