NGT stays construction of varsity buildings within UP bird sanctuary

The National Green Tribunal (NGT) has directed the Registrar of Jannayak Chandrashekhar University not to carry out any further construction on any part of land falling within the Eco Sensitive Zone (ESZ) area of 1 kilometre from the boundary of Jai Prakash Narayan (Surha Tal) Bird Sanctuary, Ballia, Uttar Pradesh.

The bench of Arun Kumar Tyagi (Judicial Member) and Afroz Ahmad (Expert Member), after going through the report of the Joint Committee stated that it is established that the Administrative Building (built-up area of 4172 square meters), Academic Building (built-up area of 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) totalling 17175 square meters are being constructed by Jannayak Chandrashekhar University within the ESZ area of 1 kilometre from the boundary of Jai Prakash Narayan (Surha Tal) Bird Sanctuary, Ballia.

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, take appropriate action for removal of encroachments and to get appropriate signs boards fixed at appropriate places that the same is no construction zone and no further construction be raised thereon and submit Action Taken Report, directed the NGT.

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, said the Tribunal.

It further stated that Section 20 of the National Green Tribunal Act, 2010 inter alia requires the Tribunal to apply the precautionary principle. Section 19 (4) (j) of the National Green Tribunal Act, 2010 empowers the 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.

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 kilometre from the boundary of Jai Prakash Narayan (Surha Tal) Bird Sanctuary, Ballia.

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, added the Tribunal in the order.

The direction of the Tribunal came on Thursday, during the hearing of a Petition filed by Dharmender Kumar Singh through Advocate Gaurav Kumar Bansal against the 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.

Earlier on November 1, 2022, the 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.

The Jai Prakash Narayan Bird Sanctuary established in 1991, is a critical area for birds including many migratory species. The eco-sensitive zone around the sanctuary prohibits and regulates many activities around the sanctuary. According to a report every year several migratory bird species visit the said sanctuary and remain there for more than three months.