{"id":1098,"date":"2011-11-05T17:44:32","date_gmt":"2011-11-05T12:14:32","guid":{"rendered":"http:\/\/www.cimforest.in\/?p=1098"},"modified":"2024-10-11T14:17:17","modified_gmt":"2024-10-11T13:17:17","slug":"lavasa-lavasa-lavasa-city-developed-in-deliberate-willful-disobedience-and-in-gross-violation-of-honble-supreme-courts-order-dated-12th-december-1996-passed-in-writ-petition-no-2","status":"publish","type":"post","link":"https:\/\/cimforest.in\/?p=1098","title":{"rendered":"LAVASA LAVASA :  Lavasa city developed in deliberate willful disobedience and in gross violation of  Hon\u2019ble Supreme court\u2019s order dated 12th December 1996 passed in Writ petition no. 202 of 1995::::::::::: Government of Maharashtra &#038; Government of India are keeping the Hon\u2019ble Bombay High court in dark about the said order of Hon\u2019ble Supreme court  thus fooling the court and public of this country::::::::::: Architecture of  this probably  biggest land criminal conspiracy hatched during 1997-2001 when Deputy Conservator of Forests of Pune was Rajendra Mangarulkar and Collector Pune was Madhukar Kokate, Prabhakar Deshmukh. All these officers are involved in almost all forest land cases of Pune district\u2026."},"content":{"rendered":"<div>\n<p><strong>Lavasa<\/strong> was incorporated on 11th February 2000 as\u00a0<strong>Pearly Blue Lake Resorts Private Limited<\/strong>. The name\u00a0of the Petitioner was changed to\u00a0<strong>The Lake City Corporation Private Limited<\/strong> vide a fresh Certificate of incorporation consequent on change of name dated 12th December 2000. The Lake city corporation Pvt Ltd was thereafter converted into a public limited company. It\u2019s name\u00a0 was again changed from \u201cThe Lake City Corporation Limited\u201d to \u201c<strong>Lavasa Corporation\u00a0 Limited<\/strong>\u201d w.e.f. 8th June 2004. Lavasa is a subsidiary of Hindustan Construction Company Ltd. HCC has constructed projects like Bombay-Pune expressway, Bandra-Worli Sea Link in Mumbai. \u00a0Mr Sharad Pawar, Union Minister, who hails from Pune has acknowledged in media that project Lavasa was conceived by him and it was he, who has asked HCC chairman, Mr Ajit Gulab Chand, a freind of his\u00a0 to develop the said Hill station as Lavasa Hill City.<\/p>\n<p><strong>How Lavasa was developed:<\/strong><\/p>\n<p>Lavasa had been conceptualized by Mr Sharad Pawar and his friend of HCC covering 18 villages in Hill taluqas viz, Maval &amp; Mulsi , Velhe of Western ghat fully covered by forest vegetation as a Hill station alternative to existing Mahabaleshwar , Pachagani and Matheran in Pune &amp; Satara districts.<\/p>\n<ul>\n<li>The Lavasa came to critical public notice, when it came to public knowledge that the land\u00a0 acquired for the project has been forcefully taken from original owners,<\/li>\n<li>Lots of portion of project is Government forest land,<\/li>\n<li>Lots of land belonged to Tribals and can not be acquired without proper permission of the government.<\/li>\n<li>Lots of Townplanning issues.<\/li>\n<li>Lots of environmental issues, etc.<\/li>\n<\/ul>\n<p>Since story of Lavasa is highly complexed and covering various issues and subjects eg,\u00a0<strong>environmental issues, Tribal land issues , Town planning issues <\/strong>etc but actually all these are very minor issues to take away attention of every citizen of this country from\u00a0<strong>real issue of \u201cIdentified Forest\u201d<\/strong> as ordered by Hon\u2019ble Supreme court. Thus, in this<strong> first part of\u00a0 \u201cStory Lavasa\u201d, <\/strong>we are covering the issue of construction in Lavasa in gross contempt of Supreme Court of India. In fact,\u00a0 all the works in Lavasa\u00a0 should be stopped at once as ordered by Supreme court. This is to bring to notice of the readers of this story that <strong>the then MOS <\/strong>,\u00a0<strong>Mr Jairam Ramesh and his Environment Ministry were helping Lavasa<\/strong> by raising cosmetic issues , which has gone before Bombay High court and\u00a0 permission would be\u00a0 granted by the high court on the cosmetic issues with some fine etc, because High court is not aware of actual position ordered by the Hon\u2019ble Supreme court.<\/p>\n<p><strong> <\/strong><\/p>\n<p><strong>Order of the Supreme court dated 12-12-1996, which is wilfully disobeyed by Pune Forest &amp; Revenue officers because of serious political &amp; money pressure:: : :<br \/>\n<\/strong><\/p>\n<p><strong> <\/strong><\/p>\n<p><em>In case of\u00a0<strong>T.N. Godavarman Thirumulkpad Vs Union of India <\/strong>&amp; others in writ petition (civil) no. 202 of 1995 , the supreme court has passed\u00a0<a href=\"http:\/\/www.cimforest.in\/uploads\/2011\/03\/Lavasa-12-12-96-SC-order1.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">order dated 12 Dec 1996 <\/a>defining the word forest for the purpose of Forest Conservation Act 1980. It said in it\u2019s order that:<\/em><\/p>\n<ul>\n<li><em><strong>\u201c<\/strong>The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore, the provisions made therein for the conservation of forests and for matters connected therewith,\u00a0<strong>must apply to all forests irrespective of the nature of ownership or classification thereof.<\/strong> The word &#8220;forest&#8221; must be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest Conservation Act.\u00a0<strong>The term &#8220;forest land&#8221;,\u00a0 occurring in Section 2, will not only include &#8220;forest&#8221; as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership.<\/strong> This is how it has to be understood for the purpose of Section 2 of the Act. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof.\u201d<\/em><\/li>\n<\/ul>\n<ul>\n<li><em>The court further said in the same order that:<\/em><\/li>\n<\/ul>\n<ul>\n<li><em><strong>General :<\/strong><\/em><\/li>\n<\/ul>\n<ol>\n<li><em>In view of the meaning of the word &#8220;forest&#8221; in the Act, it is obvious that prior approval of the Central Government is required for any non-forest activity within the area of any &#8220;forest&#8221;. In accordance with Section 2 of the Act,\u00a0all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith<strong>.<\/strong><strong> <\/strong><\/em><\/li>\n<\/ol>\n<ul>\n<li><em>5.\u00a0Each State Government should constitute within one month an Expert Committee to :<\/em><\/li>\n<\/ul>\n<ul>\n<li><em>(<strong>i)\u00a0\u00a0Identify areas which are &#8220;forests&#8221;, irrespective of whether they are so notified, recognised or classified under any law, and irrespective of the ownership of the land of such forest;<\/strong><strong> <\/strong><\/em><\/li>\n<\/ul>\n<ul>\n<li><em><strong>(ii)\u00a0Identify areas which were earlier forests but stand degraded, denuded or cleared; and<\/strong><strong> <\/strong><\/em><\/li>\n<\/ul>\n<ul>\n<li><em>(iii)\u00a0\u00a0identify areas covered by plantation trees belonging to the Government and those belonging to private persons.<\/em><\/li>\n<\/ul>\n<ul>\n<li><em>9.\u00a0\u00a0Each State Government would constitute a Committee comprising of the Principal Chief Conservator of Forests and another Senior Officer to oversee the compliance of this order and file status reports.<\/em><\/li>\n<\/ul>\n<p>In pursuance to Supreme court\u2019s order, district level committees were formed for \u201cIdentified Forests\u201d ( Forest not in ownership of State government). Collector of the district was ex-officio chairman and Deputy conservator of Forests was ex-officio secretary of the committee. \u00a0\u00a0All\u00a0 committees of\u00a0 districts in Maharashtra state have submitted the list of \u201cIndentified forest\u201d\u00a0 after complete verification on ground except committee of Pune.<\/p>\n<p>The Pune district committee\u00a0<strong>has not surveyed\u00a0 and identified all the taluqas, which are either\u00a0 covering the legislative constituency of Mr Sharad Pawar or those areas , which were to be taken into Lavasa Hill City programme<\/strong>. Rajendra Mangarulkar IFS, was Deputy Conservator of Forests, Pune Forest division during 1997 to 2001 and Mr AK Nigam was CF Pune. They in connivance with the then Collectors had deleted all the area where interest of\u00a0 Sharad Pawar was there (his constituency covers Baramati , Indapur and Daund)\u00a0 and the area for creation of Lavasa city.\u00a0<strong>Thus despite very unambiguous order of supreme court this committee of Pune has not identified forest in Taluqas such as\u00a0 Baramati, Indapur, Daund, Mulsi, Maval of Pune district<\/strong>.\u00a0<strong>The point of extreme importance here is that these are the taluqas where maximum forest is situated<\/strong>, whether under control of government or private persons. The area of complete Lavasa hill city is covering 25000 acres in 18 villages.<\/p>\n<p><strong>Satellite Imageries of Lavasa in year 2002, 2004 &amp; 2005\u00a0 :: : :<\/strong><\/p>\n<p>It can very easily be understood after viewing\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lavasa-imageries.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">satellite imageries of Lavasa area taken in year 2002, 2004\u00a0 &amp; 2005<\/a> that entire area is\/was having very good\u00a0<strong>forest trees and denuded forest area<\/strong> , which should be classified as Identified Forest as per order o the supreme court , hence Forest conservation Act 1980 becomes operational on it and under no circumstances Government of India would have given permission to develop a Hill city in such ecologically sensitive biodiversity zone. Even<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/03\/Lavasa_EBrochure.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> e-brochure of Lavasa<\/a> can show that area is full of forest (page no. 33 of brochure).<\/p>\n<p><strong>Criminal conspiracy in unofficial movement of\u00a0 FORM LAVASA \u00a0SAVE LAVASA\u00a0 : Role of Rajendra Mangrulkar IFS, AK Nigam IFS and Prakash Thosare IFS along with Collector of Pune Vijay Gautam IAS and others ::::<\/strong><\/p>\n<ul>\n<li>The office of the Principal Chief Conservator of Forests vide his letter<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/03\/Lavasa-8-11-2004-PCCF-land.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> dated 8-11-2004<\/a> has referred at s.no.2 letter of Collector Pune dated 30-7-1997, where by DCF Pune &amp; Collector Pune had informed that only 1176 ha area has been identified Forest in Pune after survey ( needless to mention that even this area was government forest).\u00a0<strong>Thus Mangarulkar, by not surveying the area, did not identify any \u201cForest identified area \u201c in Maval, Mulsi, Velhe, Baramati, Indapur\u00a0 &amp; Daund Taluqas making way for development of Lavasa.<\/strong> <strong>Thus , in gross violation of Supreme court order , Maharashtra government has filed an affidavit in the Supreme court mentioning only 1176 ha Identified Forest in Pune district.<\/strong>Whereas, there is much more land\u00a0 approx more than 35000 ha of area , which fits in the criteria of Identified Forest in Pune district. AK Nigam &amp; Prakash Thosare were Conservator of Forests during these time and they have helped Magarulkar in hatching such a huge criminal conspiracy.<\/li>\n<\/ul>\n<ul>\n<li>It was only when Ashok Khadse has taken over charge of Pune Forest Division as Deputy Conservator of Forests, this was brought on record vide\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lavasa-IF-13-12-2004.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">letter dated 13-12-2004 <\/a>to the office of the Principal Chief Conservator of Forests mentioning that area of Maval, and Mulsi, Velhe , Indapur , Baramati &amp; Daund Taluqas of Pune have not been included in the list of Identified Forest. \u00a0After that PCCF office has written to the Mr Thosare , the then CCF Pune vide\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lavasa-IF-17-12-2004.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">letter dated 17-12-2004 <\/a>asking for detail of identified government forest.<\/li>\n<\/ul>\n<p><strong>Involvement of\u00a0 Principal\u00a0 Chief\u00a0 Consertvator of\u00a0 Forests\u00a0 Maharshtra\u00a0 State ::::::<br \/>\n<\/strong><\/p>\n<ul>\n<li>Unfortunately, even PCCF office has not asked for\u00a0 why said taluqas like Maval, Mulsi, Baramati, Velhe etc have not been surveyed for identified fortest.\u00a0<strong>Thus allowing the Lavasa land to come out of purview of Forest Conservation Act 1980. Here it can be seen that no where even Prakash Thosare IFS, who was CCF Pune for more than 4 years, ever tried to stop the work or inform the government in any of his communication that said lands of Lavasa villages have not been surveyed\u00a0 and demarcated for identified forests as directed by Hon\u2019ble Supreme court i.e. the survey for identification of area with dictionary meaning of forest as well as area of degraded forest .<\/strong><\/li>\n<\/ul>\n<ul>\n<li>Surprisingly, PCCF\u00a0 after that till now has at no occasion asked to correct the position so that false affidavit filed in the Supreme court should be revised. Khadse again<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/03\/Lavasa-2-7-2005.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> vide letter dated 2-7-2005<\/a> written to Collector , Pune that earlier report of identified forest ( 1176 ha) is false and Maval, Mulsi, Velhe, Indapur , Baramati &amp; Daund Taluqas have lots of area to be classified as \u201cIdentified Forest\u201d. \u00a0When Collector, Pune has not taken any action in the matter , he has again written to Collector Pune\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/03\/Lavasa-khadse-20-6-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">vide letter dated 20-6-2006<\/a> the same, but to no avail.<\/li>\n<\/ul>\n<ul>\n<li>It can be seen from the\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lavasa-IF-2-5-2005.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">letter of Prakash Thosare written to Collector Pune dated 2-5-2005<\/a> that he has not mentioned in his letter that identification process of Forest as per Supreme court order has not been done in said impugned taluqas of Maval, Mulsi, Baramati, Indapur &amp; Dund. It is surprising that in none of the correspondence, any officer could dare to mention even the correct position in official record till Khadse has mentioned this. Thus they all have willfully disobeyed order of Hon\u2019ble Supreme court and forced the government to file false affidavit in the Supreme court. Thus help formation of Lavasa hill city.<\/li>\n<\/ul>\n<ul>\n<li>It was only during mid-2006, when every permission to Lavasa was granted, Thosare has written for the first time\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lavasa-IF-09-5-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">vide his letter dated 9-5-2006<\/a> to Commissioner, Pune \u00a0that the area covering in Lavasa is very bio-diversitically sensitive zone\u00a0<strong>and said impugned taluqas requires a review of process of Identification of Forest. Mr Thosare !!!! review is required\u00a0 only when there was some survey and identification in these Taluqas in the very first place. When was first survey done for which you wanted a review ? <\/strong>This way these officers after taking every happiness from Lavasa people, (<strong>Mr Thosare you were a very regular visitor of Lavasa with your guests and enjoyed hospitality of lavasa people. There are many occasions when you have written your visits to Lavasa in your official diary<\/strong>) trying to make some shelter of some documents, showing that they were doing some thing in the matter. Thus in future they can take shelter of these documents if need arises in future.<\/li>\n<\/ul>\n<p><strong> <\/strong><\/p>\n<p><strong>It is for Readers to understand what can be the reason for ::::<\/strong><\/p>\n<p>1. Not correcting the facts of affidavit filed in the supreme court.<\/p>\n<p>2. Why till now area of Mulsi, Maval, Velhe\u00a0 having Lavasa city not surveyed and identified as Forest?<\/p>\n<p>3. Why Forest department has not stopped the work of construction in the Lavasa city for violation of Forest conservation act 1980 hence forth ?<\/p>\n<p>4. Why disciplinary action was not initiated against such a serious criminal misconduct by Rajendra Mangarulkar, A.K Nigam &amp; Prakash Thosare and the then collectors , Pune?<\/p>\n<p>5. Why action was not initiated against the Chief Conservator of Forests, Pune during all these years involved in this mega scam ?<\/p>\n<p>6. Why a review of identification process was called by Thosare for which there was no original identification or survey ?<\/p>\n<p><img decoding=\"async\" src=\"file:\/\/\/C:\/Users\/aru\/AppData\/Local\/Temp\/moz-screenshot.png\" alt=\"\" \/><img decoding=\"async\" src=\"file:\/\/\/C:\/Users\/aru\/AppData\/Local\/Temp\/moz-screenshot-1.png\" alt=\"\" \/><\/p>\n<p><strong>What MOEF has done in the matter::::::::<\/strong><\/p>\n<ul>\n<li>On a complaint based on the complaints from Mr Shankar Sharma, National Alliance of Peoples\u2019 Movement through Ms Medha Patkar, Mr Prakash Y Ambedakar, Dr K.C. Mohanty of Environmetal Medical Association and Shri Anna Hazare. The MOEF called a report for Secretary, Environment Department, Government of Maharashtra on 30.06.2010.<\/li>\n<\/ul>\n<ul>\n<li>On the report of Government of Maharashtra, a show cause notice dated 25-10-2010 was issued to Lavasa Corporation Ltd. asking them (i) \u00a0remove all construction carried out after EIA notification , 2006\u00a0 forthwith in entirety and (ii) pendingdecision on the show cause notice\u00a0 the status quo for construction\/development as on date .<\/li>\n<\/ul>\n<ul>\n<li>Against this Lavasa has gone in Bombay High Court through WP no. 9448 of 2010. High court has issued three orders dated \u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/03\/Lavasa-WP-9448-6-12-2010.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">6-12-2010<\/a> ,\u00a0\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/03\/Lavasa-WP-9448-7-12-2010.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">7-12-2010<\/a> &amp;\u00a0\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/03\/Lavasa-WP-9448-22-12-2010.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">22-12-2010<\/a> . ( It is advisable to go through these orders).<\/li>\n<\/ul>\n<ul>\n<li>A\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/lavasa_moef_order_17thjan11.pdf\">report dated 14-1-2011 by Dr Nalini Bhat Advisor to MOEF<\/a> made ministry to decide that construction activities is unauthorized being in violation of Law.<\/li>\n<\/ul>\n<ul>\n<li>Then on the direction of High court a team lead by Mr Bharat Bhushan ,\u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/lavasa_moef_order_17thjan11.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Director in MOEF has visted the Lavasa site\u00a0 and found vide its order dated 17-1-2011<\/a> that construction activities in Lavasa is against the Rules and he directed to maintain status quo in the matter.<\/li>\n<\/ul>\n<p><strong>LAVASA\u00a0 version to various cosmetic issues raised by MOEF :<\/strong><\/p>\n<ul>\n<li>If readers want<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lavasa-MoEF_queries_n_Lavasa_Replies.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> Lavasa&#8217;s para wise reply of the notice &amp; issues raised by MOEF<\/a> then download it.<\/li>\n<\/ul>\n<ul>\n<li>Lavasa feel that degraded and denuded forest land is not forest, though as per Apex court order such areas are also to be identified and be used as Forest for the purpose of FC Act, 1980.<\/li>\n<\/ul>\n<p><strong>Freequent Visitors to LAVASA from the list of involved officers:<\/strong>::::<\/p>\n<ol>\n<li>Mr Prakash Thosare IFS the then CCF Pune<\/li>\n<li>Mr B.P. Pande IAS the then Additional Chief Secretary (Forests) , Maharashtra and his freinds .<\/li>\n<li>Mr Rajendra Mangarulkar IFS, the then Deputy Conservator of Forests, Pune<\/li>\n<\/ol>\n<\/div>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Lavasa was incorporated on 11th February 2000 as\u00a0Pearly Blue Lake Resorts Private Limited. The name\u00a0of the Petitioner was changed to\u00a0The Lake City Corporation Private Limited vide a fresh Certificate of incorporation consequent on change of name dated 12th December 2000. The Lake city corporation Pvt Ltd was thereafter converted into a public limited company. It\u2019s [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"_links":{"self":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/1098"}],"collection":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1098"}],"version-history":[{"count":1,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/1098\/revisions"}],"predecessor-version":[{"id":1312,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/1098\/revisions\/1312"}],"wp:attachment":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1098"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1098"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1098"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}