National Green Tribunal
Dharmender Kumar Singh vs State Of U.P on 1 November, 2022
Item No.7 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 698/2022
Dharmender Kumar Singh Applicant
Versus
State of U.P. Respondent
Date of hearing: 01.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in person.
Application is registered based on a Letter Petition received by Post.
ORDER
1. Mr. Dharmender Kumar Singh resident of Village Sarni, Post Koth, Tehsil Sikanderpur, District Ballia, Uttar Pradesh has sent the present letter petition by post, which has been treated and registered as original application, complaining 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, which is wetland of River Ganga and has been declared a bird sanctuary. The above said wetland is spread in an area of 34.3 km2 having length of 4.5 kms. During monsoon, the water spread area of the wetland gets increased posing danger of inundation of any structure constructed within wetland area. The sanctuary is bird habitat and falls under the control of Kashi Wild Life Department, Ramnagar, Varanasi. The construction of the buildings of the above-said University in the drainage basin of the wetland will prevent flow of natural water which drains to Surha Tal (Wetland), thereby it may have adverse impacts on its environment.
O.A No. 698/2022 Dharmender Kumar Singh Vs State of U.P. 2
2. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in Schedule I of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC
897.This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
3. Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.
4. Notice be issued to the Vice Chancellor and Registrar, Jannayak Chandrashekhar University, Ballia, Uttar Pradesh requiring them to file their reply/response to the averments made in the application within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of (i) Additional Chief Secretary, Environment, Forests and Climate Change, Government of Uttar Pradesh, (ii) Principal Secretary, Department of Home, Government of Uttar Pradesh, (iii) Principal Chief Conservator of Forests (Wildlife), Government of Uttar Pradesh, (iv) Uttar Pradesh State Wetland Authority, (v) State PCB and (vi) District Magistrate, Ballia and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the O.A No. 698/2022 Dharmender Kumar Singh Vs State of U.P. 3 concerned project proponent, verify the factual position and submit its report within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
6. List for further consideration on 04.01.2023.
7. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the (i) Additional Chief Secretary, Environment, Forests and Climate Change, Government of Uttar Pradesh, (ii) Principal Secretary, Department of Home, Government of Uttar Pradesh, (iii) Principal Chief Conservator of Forests (Wildlife), Government of Uttar Pradesh, (iv) Uttar Pradesh State Wetland Authority, (v) State PCB and
(vi) District Magistrate, Ballia by e-mail for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM November 01, 2022 AG