Stop illegal construction of university buildings within UP bird sanctuary: NGT

New Delhi: Registrar of the Jannayak Chandrashekhar University has been directed by the National Green Tribunal (NGT) to stop 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) stated that it is established by the report of the joint committee that Administrative Building (built up area 4,172 square meters), Academic Building (built up area 6,689 square meters) Library Building (built up area 4,106 square meters), (Commercial Building (built up area 645 square meters) and 100 bedded SC/ST hostel (built up area 1,563 square meters) totaling 17,175 square meters are being constructed by Jannayak Chandrashekhar University, Ballia, Uttar Pradesh within the ESZ area of one kilometer from the boundary of Jai Prakash Narayan (Surha Tal) Bird Sanctuary, Ballia.

"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," the bench said.

It said that Section 20 of the NGT Act, 2010, inter alia requires this Tribunal to apply precautionary principle.

"Section 19 (4) (j) of the NGT 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.

"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," the bench directed.

"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.

"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 Taken Report in this regard within one month," the bench further ordered.

The NGT bench listed the matter for further consideration on March 20.