National Green Tribunal
Dharmender Kumar Singh vs State Of U.P. & Ors on 3 March, 2023
Item No. 8 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 698/2022
Dharmender Kumar Singh ...Applicant
Versus
State of U.P. & Ors. ...Respondents
Date of hearing: 03.03.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. Gaurav Bansal, Advocate.
Respondents: Mr. Pradeep Misra, Advocate for respondent no. 6-
UPPCB (through VC).
Mr. Ravindra Kumar, District Magistrate, Balia and
Mr. Dinesh Singh, DFO, Kashi Wildlife Division,
Ramnagar, Varanasi (through VC).
Application is registered based on a letter petition received by Post.
ORDER
1. The grievance in the present application is about illegal construction of buildings of Jannayak Chandrashekhar University in violation of environmental norms at village Vasantpur, District Ballia, Uttar Pradesh in the buffer zone of Surha Tal.
2. Vide order dated 01.11.2022, this Tribunal constituted a Joint Committee with direction to verify the factual position and submit its report within two months. Notices were also ordered to be issued to the Vice Chancellor and the Registrar, Jannayak Chandrashekhar University, Ballia, Uttar Pradesh requiring them to file their reply/response.
O.A No. 698/2022 Dharmender Kumar Singh Vs. State of U.P. & Ors. 2
3. In compliance of order dated 01.11.2022, report of the Joint Committee was submitted by Dr. S.C. Shukla, Regional Officer, UPPCB vide email dated 02.01.2023. Reply on behalf of Jannayak Chandrashekhar University, Ballia, Uttar Pradesh was filed vide email dated 03.01.2023.
4. Vide order dated 04.01.2023, Joint Committee was directed to clarify as to whether the buildings in question which are being constructed fall in the Eco Sensitive Zone (ESZ) notified vide notification dated 08.03.2019 and Divisional Forest Officer, Kashi Wildlife Division, Ramnagar, Varanasi and the District Magistrate, Balia were directed to be present to appear before this Tribunal through VC.
5. In compliance of order dated 04.01.2023 report of the Joint Committee was submitted vide email dated 28.02.2023 and Mr. Ravindra Kumar, District Magistrate, Ballia and Mr. Dinesh Singh, DFO, Kashi Wildlife Division, Ramnagar, Varanasi have appeared through VC and we have interacted with them.
6. Reply was filed by respondent no. 8-Registrar, Jannayak Chandrashekhar University, Ballia, Uttar Pradesh vide email dated 03.01.2023 but none has appeared for respondent no.8 today.
7. It is established by the report of the Joint Committee that Administrative Building (built up area 4172 square meters), Academic Building (built up area 6689 square meters) Library Building (built up area 4106 square meters), (Commercial Building (built up area 645 square meters) and 100 Bedded SC/ST Hostel (built up area 1563 square meters) totaling 17175 square meters are being constructed by Jannayak Chandrashekhar University, Ballia, Uttar Pradesh within the ESZ area of O.A No. 698/2022 Dharmender Kumar Singh Vs. State of U.P. & Ors.
3 1.0 kilometer from the boundary of Jai Prakash Narayan (Surha Tal) Bird Sanctuary, Ballia.
8. Prima facie, the construction undertaken in ESZ, apart from being impermissible on that count, is also violative of the provisions of the Wild Life (Protection) Act, 1972 and the National Wetlands (Conservation and Management) Rules, 2017.
9. Section 20 of the National Green Tribunal Act, 2010 inter alia requires this Tribunal to apply precautionary principle. Section 19 (4) (j) of the National Green Tribunal Act, 2010 empowers this Tribunal to pass an order requiring any person to cease and desist from committing or causing any violation of any enactment specified in Schedule I.
10. In view thereof the Registrar, Jannayak Chandrashekhar University, Ballia, Uttar Pradesh is directed not to carry out any further construction on any part of land falling within ESZ area of 1.0 kilometer from the boundary of Jai Prakash Narayan (Surha Tal) Bird Sanctuary, Ballia.
11. The District Magistrate and the Superintendent of Police, Ballia and Divisional Forest Officer, Kashi Wildlife Division, Ramnagar, Varanasi are directed to take all requisite steps to ensure that no further construction takes place on the above said Eco Sensitive Zone.
12. The District Magistrate, Ballia and the Divisional Forest Officer, Kashi Wildlife Division, Ramnagar, Varanasi are also directed to get the Eco Sensitive Zone area demarcated, identify the encroachments, to take appropriate action for removal of encroachments and to get appropriate sign boards fixed at appropriate places that the same is no construction zone and no further construction be raised thereon and submit Action O.A No. 698/2022 Dharmender Kumar Singh Vs. State of U.P. & Ors.
4 Taken Report in this regard within one month by email at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
13. List for further consideration on 20.04.2023.
14. In the facts and circumstances of the case, we also consider presence of the Registrar, Jannayak Chandrashekhar University, Ballia, Uttar Pradesh and the Divisional Forest Officer, Kashi Wildlife Division, Ramnagar, Varanasi though VC to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and accordingly, they shall remain present before this Tribunal through VC on the date fixed.
15. A copy of this order be forwarded to the Registrar, Jannayak Chandrashekhar University, Ballia, Uttar Pradesh and Divisional Forest Officer, Kashi Wildlife Division, Ramnagar, Varanasi and the District Magistrate and Superintendent of Police, Ballia by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 03, 2023 AG