National Green Tribunal
Dharmender Kumar Singh vs State Of U.P. & Ors on 4 January, 2023
Item No. 3 (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: 04.01.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. Gaurav Bansal, Advocate and Mr. Dharmender
Kumar, applicant (through VC).
Respondents: Mr. Pradeep Misra and Mr. Manoj Kumar Sharma,
Advocates for UPPCB (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.
3. In compliance of order dated 01.11.2022, report of the Joint Committee has been submitted by Dr. S.C. Shukla, Regional Officer, O.A No. 698/2022 Dharmender Kumar Singh Vs. State of U.P. & Ors.
2 UPPCB vide email dated 02.01.2023. Reply on behalf of Jannayak Chandrashekhar University, Ballia, Uttar Pradesh has also been filed vide email dated 03.01.2023.
4. Mr. Gaurav Bansal, Advocate has appeared for the applicant and undertakes to file his power of attorney.
5. We have heard the learned Counsel for the applicant and the UPPCB and gone through the material on record including the report of the Joint Committee.
6. We find that in para 3.5 of the report, reference has been made to transfer of land measuring 51.0 acres to Jannayak Chandrashekhar University, Ballia, while in para 3.8, it has been mentioned that various land gata's of Jannayak Chandrashekhar University, Ballia were found to be situated at a distance of about 300 meters to 600 meters from the water area of Surha Tal, while in para 3.16 it has been mentioned that MoEF&CC, Government of India has vide notification dated 08.03.2019 notified an area to an extent of 1.0 km uniform around the boundary of Jai Prakash Narayan (Surha Tal) Bird Sanctuary in District Balia as Eco- Sensitive Zone (ESZ).
7. The factual position reported by the Joint Committee requires clarification as to whether the buildings, in question, which are being constructed fall in ESZ notified vide Notification dated 08.03.2019. The Joint Committee is directed to verify the factual position and submit its report in this regard within one within one month at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
O.A No. 698/2022 Dharmender Kumar Singh Vs. State of U.P. & Ors. 3
8. In view of the averments made in the application and observations made in the report, we consider it appropriate to have response of (1) the State of Uttar Pradesh, through Chief Secretary, (2) the Secretary, MoEF&CC; (3) the Chairman/Secretary, National Wetland Committee; (4) PCCF (HoFF), Government of Uttar Pradesh; (5) the Principal Secretary, Higher Education, Government of Uttar Pradesh; (6) UPPCB; (7) the District Magistrate, Ballia and (8) the Registrar, Jannayak Chandrashekhar University, Ballia, Uttar Pradesh Delhi, who stand impleaded as respondents No. 1 to 7.
9. List for further consideration on 03.03.2023.
10. In the facts and circumstances of the case, we also consider presence of the Divisional Forest Officer, Kashi Wildlife Division, Ramnagar, Varansi and the District Magistrate-Balia 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.
11. A copy of this order be forwarded to the Additional Chief Secretary, Environment, Forests and Climate Change, Government of Uttar Pradesh, the Principal Secretary, Department of Home, Government of Uttar Pradesh, the PCCF (Wildlife), Government of Uttar Pradesh, (iv) the Uttar Pradesh State Wetland Authority, UPPCB and the District Magistrate, Ballia by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 04, 2023 AVT