Mumbai: One more judge hearing the writ petition filed by Lavasa Corporation against Ministry of Environment and Forests in Bombay High Court has recused himself from the hearing case.
Justice DK Deshmukh became the second judge to do in the case so far after Additional Solicitor General Darius Khambata informed the judge that justice Deshmukh's son was a lawyer in the law firm advising Lavasa's parent company Hindustan Construction Company.
The fact was brought to light before justice Deshmukh on Monday in presence of Lavasa counsels. However Lavasa and the Ministry of Environment and Forests said they had no objection to Deshmukh hearing the case as he had already presided over two previous hearing.
Justice Deshmukh however excused himself from the case.
The petition will now be heard by a new division bench of Bombay High Court.
Earlier, the Chief Justice of Bombay High Court Mohit Shah had recused himself on a similar ground.
Ministry of Environment and Forests has upheld its show cause notice on Lavasa Corporation and asked that there be no construction at the Pune site till end of December.
The objections raised by the Environment Ministry in the show cause notice are: project required environment clearance in 2004 from Environment Ministry when only five per cent of project costs were incurred, green clearance needed for construction on hills above 1000m (more than 47 Ha is above a height of 1000 metres) and changes made in first phase of project without sanctions of Environment Ministry.
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