Case Note & Summary
The judgment under consideration stems from a Public Interest Litigation filed before the High Court of Judicature at Bombay. The petitioner, a legal practitioner, invoked the court's PIL jurisdiction by presenting a writ petition dated 24th August, 2018, seeking multiple reliefs—prayer clauses exceeding twenty. The petition challenged the Lavasa Hill Station Project in Pune district, along with various statutory provisions and administrative decisions. Recognizing the complexity of the matter, the court appointed Mr. Shiraz Rustomjee, senior advocate, as Amicus Curiae to assist in arriving at an appropriate decision. The amicus prepared notes based on the pleadings, which were not disputed by the parties and formed the factual foundation for the court's consideration. The background facts as recorded include the following: On 26th November, 1996, the Urban Development Department of the Government of Maharashtra sanctioned the 'Special Regulations for development of tourist resorts/holiday homes/township in hill station type areas' under Section 20(4) of the Maharashtra Regional & Town Planning Act, 1966. Regulation 2 prescribed the area under development to be between 400 and 1000 hectares, and Regulation 25 stated that the development shall be treated as if an industry. On 7th April, 1999, a Home Department (Tourism) resolution conferred industry status on tourism, including hill station development. Yashomala Leasing and Finance Pvt. Ltd. purchased 5000-6000 acres from farmers in the area later taken over by Lavasa Corporation Limited, which was incorporated on 11th February, 2000 and promoted by Hindustan Construction Company Limited. On 21st June, 2000, Lavasa Corporation requested that 18 villages be notified as hill station type areas. On 30th May, 2001, the Government amended the 1996 Regulations, deleting the ceiling on area prescribed in Regulation 2. On 31st May, 2001, the Regional Plan was modified by designating 20 villages as 'Hill Station', and on 1st June, 2001, 18 villages were declared suitable for hill station development. On 27th June, 2001, Lavasa Corporation received initial clearance subject to conditions. The Collector, Pune, instructed Lavasa Corporation to obtain prior permission from the Development Commissioner (Industries) for land purchase. On 29th October, 2001, Lavasa Corporation proposed to construct 10 weirs/bandharas on the backwaters of the Varasgaon/Mose dam to store 900 LCF water, requesting MKVDC to consider the proposal as a special case. The Irrigation Department's reports from December 2001 to May 2002 raised concerns about water security, pollution, and lack of provision for private dam construction, but recommended approval as a special case. On 18th May, 2002, Shri Ajit Pawar, Minister (Irrigation) and Chairman of MKVDC, sanctioned the proposal, and on 20th June, 2002, the Governing Council of MKVDC approved it as a special case, granting ex-post facto sanction. Lavasa Corporation's request to change the water rate from commercial to 'common' was also approved. Additionally, on 15th January, 2002, Lavasa Corporation's board approved a scheme of merger with Yashomala, which was sanctioned by the High Court on 1st August, 2002, transferring all assets and liabilities. The core legal issues revolve around the validity of the special regulations, notifications designating hill station areas, approvals for water weirs, and compliance with statutory and environmental requirements. The amicus curiae assisted the court with a neutral view, while the State and respondents were represented by senior counsel. The judgment was reserved on 23rd September, 2021, and pronounced on 26th February, 2022; the final decision is not contained in the excerpt.
Issue of Consideration
Validity of the Lavasa Hill Station Project and related statutory approvals and notifications under the Maharashtra Regional and Town Planning Act, 1966 and the special regulations for hill station development; compliance with environmental and water resource laws
