MUMBAI, June 23: The Bombay High Court today stayed construction activity at Sahara India's ambitious Amby Valley project near Lonavala after environmental groups challenged Maharashtra government's notification developing the area as a hill-station.

Chief Justice M B Shah ordered the stay after hearing the plea made by environmentalists and asked the state government to file an affidavit within two weeks. The matter comes up for hearing on July 8.

Sahara India's mega-project in the Mulshi Lake catchment includes a 7-star deluxe hotel, ropeway, advance communication centre, shopping centre, executive club, lakes, fountains, waterfalls etc.

The project also includes the construction of 900 luxury cottages each measuring between 1000 and 2000 sq ft. Provisions are also made for servants' quarters, private lounge, car parking and stores. Sahara India has been projecting Amby Valley as the ``first address in India.'' In early May, the state government also had cried halt to construction activity accusing Sahara of going ahead without the necessary sanctions. The government decision itself came in the wake of allegations that Sahara had paid massive kickbacks to some politicians of the ruling alliance.

Environmentalists feel the High Court's final ruling on development of the hilly regions will have a far reaching impact on the environment in the state. More than 20,000 acres of forest land has been brought under construction by 100-odd companies, including Sahara India, in the hilly regions near Lonavala alone.

It was against this background that some environmental groups moved the High Court to strike at the root of the problem: a government notification dated November 26, 1996 relating to the Maharashtra Regional and Town Planning(MRTP) Act 1966 that proposed the development of hilly areas throughout the state as hill-stations and resorts. The petitioners contended that the notification was introduced to circumvent regional plans so as to make it easy for land sharks to claim the picturesque valley.

The petitioners fear that the Draft Regulations have been framed for the benefit of monied companies to exploit the natural sceneric places commercially.

Even before the notification became effective, tens of thousands of hectares of forests and mountain slopes have already been cleared by developers, builders for developing tourist resorts. As per clause 17 of the notification the collector is deprived of his discretionary powers, which is to be exercised for the benefit of the tribals. The clause states that the collector shall grant permission as per the provisions of Section 36 A of the code. The collector is now empowered to impose some conditions for the permission as contemplated under the section, but he was deprived the power to refuse permission.

The notification also impinges on the provisions of the Maharashtra Agricultural Land Acts 1961, The Maharashtra Land Revenue 1968, which relates to the transfer of land from tribals to non-tribals.

The other acts contravened are the Maharashtra Land Revenue(disposal of government land) Rules 1971, the Indian Forest Act, 1927 and the Forest Conservation Acts,1980.

``The notifications also allows disposal of up to 2000 hectares (20 sq Km) of agricultural land against 21 hectare earlier imposed under the provisions of the Maharashtra Agricultural Land Acts,1961,'' says Kiran Bhagalani, counsel for the petitioner.

Not surprisingly, the Sahara Lake Resort in the Maval-Mulshi region has been able to acquire 423 acres of land in the forest to construct a 60-room 7-star deluxe hotel, ropeway, advance communication centre, shopping centre and executive club. Besides, there are 900 cottages with areas measuring between 1000 and 2000 sq ft.

The project also boasts of two artificial lakes, waterfall and fountains to add to the unbridled development in the area.

Intriguingly, the company has already obtained permission for development in the area from the Pune deputy conservator of forest, Irrigation Department, Mantralaya for the lakes and the tourism development department to boost tourism in the Hill District.

The Urban Development principal secretary K Nalinakshan told this newspaper that work at the project has been stopped.``The government has sought certain clarifications from Sahara India and permission will only be granted if they meet statutory requirements,'' said Nalinakshan.

Environmentalists pointed out the example of Mahabaleshwar, hill station in Raigad district to show how commercial activities can devastate a forest by soil erosion, upset the ecological balance by denudation as well as disrupt the natural well being of the locals. The fate of the other hilly regions of Matheran, Lonavala, Koyna, Panvel-Pen in Raigad district, innundated by tourists the year through, is not very different.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.