Prior environmental clearance was not obtained for construction of the upcoming Delite Mall at Saguna Mor in Patna, the state government said in a counter-affidavit it filed in the alleged soil scam case involving RJD chief Lalu Prasad and his eldest son and state environment and forest minister Tej Pratap Yadav.

The property is owned by a company called Lara Projects Pvt Ltd, in which Lalu's sons - Tej Pratap and deputy chief minister Tejashwi Prasad Yadav - are directors.

Bihar State Pollution Control Board (BSPCB) filed the counter-affidavit in the case. In the counter-affidavit, Nand Kumar, assistant environment engineer posted at BSPCB, said: "The Union ministry of environment and forest (MoEF), vide a letter dated May 15, had issued directions to stop work on the site with immediate effect and to furnish a report in the matter to the ministry in three weeks.

"In light of the direction given by the Union ministry under Environmental Protection Act, 1986, the member secretary of the BSPCB, through its letter issued on May 19, 2017, directed Abu Dojana, CMD, Meridian Construction India Limited (the company constructing the mall) to stop the construction work of DeliteMall with immediate effect and to inform the Board about the same."

In its letter to the construction company, BSPCB had said that as prior approval for construction of the mall had not been obtained, construction work could continue only after obtaining environmental clearance and the board's consent.

The court was also informed that during an inspection by the MoEF's regional officer in Ranchi and the board's regional officer in Patna on June 6, and in the course of inspection, it was observed that construction activity was suspended in the premises.

Kumar, in his affidavit, however, told the court that the project's proponent (Meridian Construction India Limited) has handed over a letter to the board where it transpires that it applied online to the State Environment Impact Assessment Authority (SEIAA), Bihar, on April 20, for its approval.

However, as construction work started before submission of the application for approval and more so as ongoing work was stopped after approval was not granted, the affidavit filed today said it was necessary for executors of the project to obtain the board's consent and only then proceed with construction of the mall.

Hearing in the case is scheduled for next week.