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Bombay HC Disposes Lavasa Corporation Pleas Against MoEFCC Orders, PILs Alleging Irregularities Still Pending

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Mumbai: Even as public interest litigations (PILs) alleging irregularities in the Lavasa township project remain pending, the Bombay High Court has disposed of three petitions filed by Lavasa Corporation Ltd. (LCL) challenging orders issued by the Ministry of Environment, Forests and Climate Change (MoEFCC).

In 2011, the MoEFCC had passed an order accusing LCL of serious environmental violations. However, during the proceedings, the Ministry acknowledged the scale of investment, job creation, and third-party interests linked to the project. It agreed to reconsider environmental clearance, subject to strict conditions.

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne on August 25 disposed of the petitions noting they had become infructuous after the MoEFCC granted environmental clearance to Lavasa on November 9, 2011.

The original MoEFCC order, dated January 17, 2011, alleged violations of Environmental Impact Assessment (EIA) Notifications of 1994, 2004, and 2006. It was based on a site inspection that found the Lavasa hill station project had caused significant environmental harm and lacked proper authorisation.

While halting construction at the time, the Ministry gave LCL a chance to regularise the project by meeting several conditions, including a penalty, setting up an Environmental Restoration Fund (ERF), and submitting detailed project documentation and a time-bound environmental management plan.

The court observed that LCL later submitted a fresh proposal that complied with these requirements, leading to the environmental clearance.

“In light of the environmental clearance now granted, the challenge to the January 17, 2011 order becomes infructuous,” the bench stated. The court has scheduled the next hearing for related PILs on September 12.

The Lavasa case has been under legal and environmental scrutiny for over a decade, and this ruling marks a significant development in the ongoing dispute.

A PIL has been filed by activist Nanasaheb Jadhav seeking an inquiry by Central Bureau of Investigation (CBI) into the alleged irregularities committed by Pawar, his daughter Supriya Sule and deputy chief minister Ajit Pawar.

NCP supremo Sharad Pawar had then filed an application seeking permission to intervene in the PIL stating that several allegations were made against him with regard to the development of Lavasa hill station.

Jadhav had earlier filed a PIL seeking to declare the special permission granted by Development Commissioner (Industries) to develop Lavasa as void, arbitrary, unreasonable, undue political favouritism, breach of trust and bad in law.

The PIL sought quashing the special permission granted to the Lake City Corporation to purchase lands for private hill station Lavasa. The HC, on February 26, 2022, disposed of the PIL observing that there seemed exertion of “influence and clout” of the Pawar family in the development of Lavasa as a hill station, however, it refused to interfere with the same due to “gross delay” in the filing of the plea and considering that “third party rights have been created”.

Jadhav has filed an appeal before the apex court against this order, which is pending.

National News

BJP backs RSS chief’s ‘Hindu Rashtra’ remarks, Oppn says Constitution run’s country

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New Delhi, Dec 22: The BJP on Monday came out in support of Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat’s remarks describing India as a “Hindu Rashtra” and his comments flagging what he termed “Islamic extremism” in West Bengal, triggering sharp political reactions across parties.

Addressing a gathering on Sunday, Bhagwat had asserted that India is a “Hindu nation” and said no constitutional sanction is required for it, as it is a “truth”.

He also raised questions over suspended Trinamool Congress MLA Humayun Kabir’s announcement to construct a Babri Masjid-like mosque in West Bengal, alleging that the move was “being done for votes”. The RSS chief further stated that government funds should not be used for the construction of religious places.

Backing Bhagwat’s remarks on Bengal, BJP spokesperson Pratul Shah Deo cited recent developments in Murshidabad, where an announcement regarding the construction of a Babri Masjid had been made.

Speaking to media, Deo said, “The entire West Bengal government called Maulanas there and afterwards, a large gathering was held where it was stated that we will build the Babri Masjid here. This is being done solely by the Trinamool Congress to appease the Muslim community, which is an insult to the Sanatanis. For show, they did suspend the MLA, but his arrest has not yet been made, indicating collusion between the government and this suspended MLA.”

He further alleged that the issue was deliberately raised with elections approaching.

“This is not an issue that needed to be raised at this time, but with elections in sight, the Trinamool Congress has deliberately raised this issue through one of its MLAs. So, the RSS chief is right,” Deo added.

BJP MLA Ram Kadam also supported Bhagwat’s remarks and stressed the need for Hindu unity.

Speaking to media, Kadam said, “Our Sarsanghchalak’s statement is true and attempts to shed light on the reality. On the sacred land of West Bengal, Mamata Banerjee and her supporters have caused suffering, harassment and oppression to our Hindus. They have forced their way into homes, committed misconduct against women and the people of Bengal are witnessing all of this.”

Kadam further alleged political motives behind references to Babri Masjid.

“Those who claim to speak in the name of Babri are doing so only for political gains. They do not care for anyone and are merely using excuses to gain control over a particular religion. However, if Hindus unite, no one would dare to engage in such Pakistan-pleasing, deceitful actions,” he said.

Shiv Sena leader Manisha Kayande emphasised that Hindus should unite in the face of emerging challenges.

“Considering the kind of activities taking place in our country and the nature of threats we face, Hindus should not divide themselves on the basis of caste and must unite. Our party firmly believes in this stance,” she told media.

The Opposition, however, strongly criticised the RSS chief’s remarks, asserting that India is governed by the Constitution and not by ideological declarations.

Samajwadi Party MP Awadhesh Prasad questioned the premise of the “Hindu Rashtra” statement.

Speaking to media, he said, “I would like to ask Mohan Bhagwat, very respectfully, what kind of Hindu nation he wants. Today, the highest constitutional and administrative positions in our country are held by Hindus. The President, the Prime Minister and the Chief Justice of the Supreme Court are all Hindus.”

Prasad pointed out that political leadership across parties is predominantly Hindu.

“Leaders of the ruling party are Hindus, and even leaders of the Opposition, including the Samajwadi Party, are Hindus. The Chief Minister of Uttar Pradesh is also a Hindu. So what is the scale or definition by which they measure who is Hindu and Hindu Rashtra?” he asked.

He further said Bhagwat must clarify whether such a vision aligns with constitutional values.

“Our country functions through the Constitution, through which Baba Saheb Ambedkar gave equal rights to all communities. Bhagwat should clarify whether he intends to follow the Constitution framed by Baba Saheb Ambedkar in his so-called Hindu Rashtra,” Prasad added.

Janata Unnayan Party founder Humayun Kabir also reacted to Bhagwat’s comments, dismissing fears of unrest.

Speaking to reporters, he said, “We respect Mohan Bhagwat, but his assessment that there might be riots here is incorrect. We will not allow any such situation. When a Trinamool leader announced the construction of a temple, there were no riots. So why would it happen now?”

Kabir further alleged links between the RSS and the Bengal government.

“Mohan Bhagwat needs the state government’s permission to visit here. Since Mamata Banerjee has been helping the RSS in the state, the number of their shakhas has increased from 558 to 12,000. On the other hand, madrasas receive nothing, and the Muslim community does not get any benefits,” he claimed.

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Crime

SC stays conviction of ex-NCP minister Manikrao Kokate in Nashik housing fraud

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New Delhi, Dec 22: The Supreme Court on Monday stayed the conviction of senior Nationalist Congress Party (NCP) leader and former Maharashtra minister Manikrao Kokate in the 1995 Nashik housing fraud case.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued notice to the Maharashtra government on Kokate’s plea challenging the refusal of the Bombay High Court to stay his conviction. Though it protected his membership in the Maharashtra Legislative Assembly, the apex court clarified that Kokate will not be allowed to exercise any governmental powers while the proceedings are pending.

“Issue notice. Meanwhile, the conviction of the petitioner shall remain stayed to the extent that there shall be no disqualification as a Member of the Legislative Assembly. However, no power shall be exercised by the petitioner,” the CJI Kant-led Bench ordered.

The relief from the top court comes days after the Bombay High Court had refused to stay Kokate’s conviction but suspended his two-year jail sentence and granted him protection from arrest as it heard his revision plea against the sessions court verdict.

Earlier, a Nashik sessions court had convicted Kokate in a case involving the illegal acquisition of government flats reserved under the Chief Minister’s quota and sentenced him to two years’ rigorous imprisonment along with a fine of Rs 50,000.

Following the sessions court verdict, Kokate was stripped of the Sports and Minority Affairs portfolios, and he resigned from the Maharashtra Cabinet. His resignation was accepted by Maharashtra Deputy Chief Minister and NCP chief Ajit Pawar amid a chorus from the Opposition.

The case against Kokate and his brother Vijay Kokate dates back to 1995 and pertains to the alleged misappropriation of flats meant for low-income individuals who do not own any other property.

The prosecution alleged that the brothers submitted forged affidavits and documents to acquire flats in the Nirman View Apartment at Canada Corner in Nashik. Investigations had also revealed that the brothers were using two additional flats in the same building that had been allotted to other beneficiaries.

Based on an inquiry by the district administration, Vishwanath Patil, then an official of the Urban Land Ceiling (ULC) department, lodged a complaint, following which a fraud case was registered at the Sarkarwada Police Station.

Since his induction into the Cabinet, Kokate has frequently courted controversy. He was earlier divested of the Agriculture portfolio following allegations that he was playing games on his mobile phone during a Legislative Council session.

Kokate denied the charge, but the episode drew widespread criticism. He also drew criticism for remarks on farmers and for attacking coalition partner BJP during a municipal campaign.

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National News

‘Entered poll arena with winning mindset’: Ram Kadam on massive win in Maha local body elections

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Mumbai, Dec 22: Reacting to the Maharashtra local body election results, BJP MLA Ram Kadam on Monday said that the Mahayuti alliance entered the electoral battle with confidence and a winning mindset, which ultimately translated into a resounding victory.

Speaking to media, Ram Kadam credited the success of the Bharatiya Janata Party and its allies to the leadership of Chief Minister Devendra Fadnavis and the development work carried out across the state over the past few years.

He said the performance of the government in power laid a strong foundation for success, first in the Assembly elections and now in the local body polls.

“Under the leadership of Chief Minister Fadnavis, the work done in Maharashtra over the past few years led to tremendous success in the Assembly elections. Because of these efforts and achievements, we delivered remarkable results in the Assembly, and from the very first day, we carried the spirit of victory on our foreheads,” Kadam said.

Highlighting the government’s development agenda, the BJP MLA said that infrastructure projects and welfare schemes had benefitted people across sections, particularly farmers.

“Roads are being built, and farmers are receiving benefits on a large scale. On the other hand, the Opposition entered the election with a losing mindset from Day One,” he told Media.

Kadam further accused the Opposition of repeatedly raising excuses instead of focusing on campaigning.

“They spoke about postponing elections, alleged vote theft, raised issues related to EVMs and voter rolls, and made several other excuses. These issues were raised only after they lost. During the campaign period, the Opposition hardly came out on the roads. There were no rallies or grassroots outreach,” he said.

Contrasting this with the Mahayuti’s approach, Kadam said the BJP leadership and alliance partners actively connected with voters.

“Our Chief Minister and Deputy Chief Ministers were constantly on the ground, campaigning and holding major rallies. With courage, determination, and the hard work of our karyakartas, we stepped into the electoral arena with confidence. That is why we won, and the Opposition faced defeat,” he added.

Another BJP leader, Sanjay Sarawagi, said, “The party’s popularity is increasing nationwide. In the Maharashtra municipal elections, the BJP and NDA secured a massive victory, while the Opposition was nearly wiped out. Prime Minister Narendra Modi is focused on inclusive development, and that is why the mandate in favour of the BJP keeps growing. I congratulate the leadership and party workers.”

The ruling Mahayuti alliance, comprising the BJP, Shiv Sena, and the NCP, recorded a sweeping victory in elections to 288 municipal councils and nagar panchayats, winning 207 posts of municipal presidents and leaving the Opposition Maha Vikas Aghadi (MVA) with just 44.

Final results released by the State Election Commission late Sunday night showed the BJP emerging as the single-largest party with 117 municipal president posts, followed by the Eknath Shinde-led Shiv Sena with 53 and the NCP with 37.

Among Opposition parties, the Congress won 28 posts, the Sharad Pawar-led NCP faction secured seven, while the Uddhav Thackeray-led Shiv Sena(UBT) managed only nine, underscoring the continued dominance of the Mahayuti alliance in Maharashtra.

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