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2022 Supreme(Online)(NGT) 860
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
JUSTICE ADARSH KUMAR GOEL, CJ, JUSTICE SUDHIR AGARWAL, J, PROF. A. SENTHIL VEL, ACJ
Gauri Maulekhi – Appellant
Versus
State of J & K & Ors. – Respondent
Original Application No. 473/2015 (M.A. No. 10/2016, M.A. No. 296/2017, M.A. No. 490/2017, M.A. No. 1067/2017 & M.A. No. 1381/2017)
For the Appellants/Petitioners:
For the Respondents: Ms. Renu Gupta, G.M. Kawoosa
Delayed compliance by the State in finalizing rehabilitation schemes for mule operators violated environmental norms and warranted financial penalties.
Headnote:(A) Environmental Protection Act, 1986 - Various directions issued regarding environmental compliance and rehabilitation of mule operators due to restrictions imposed on their livelihood involving equines used in the Yatra at Shri Mata Vaishno Devi Shrine - The Tribunal reiterated the need for timely compliance with directions issued regarding rehabilitation plans and addressed delays by the State Government. (Paras 1, 4, 5)
(B) Compliance and Enforcement - The Tribunal expressed dissatisfaction over the delayed actions by the State Government regarding the finalization of the rehabilitation scheme, leading to its decision to impose costs for non-compliance amidst ongoing Supreme Court proceedings. (Paras 3, 4)
Facts of the case:
The application involved allegations against violations of environmental norms in the use of equines for the pilgrimage, alongside discussions on compliance failures and rehabilitation efforts by the State Government.
Findings of Court:
The Tribunal mandated the submission of compliance reports and rectification of the delayed actions, stressing the urgency for the rehabilitation of affected individuals.
Issues: The main issues revolved around the implementation of directives related to environmental norms and the rehabilitation of mule operators impacted by the restrictions enforced.
Ratio Decidendi: The court highlighted the undue delay by the State Government in finalizing rehabilitation schemes, emphasizing that compliance with the Tribunal’s orders was critical and the imposition of financial penalties was warranted.
Result: Proceedings disposed of subject to Supreme Court’s orders.
| Table of Content |
|---|
| 1. addressing environmental norm violations. (Para 1) |
| 2. delays and compliance failures requiring state accountability. (Para 2 , 4) |
| 3. urgent need for finalization of plans and state actions. (Para 3) |
| 4. decisions on rehabilitation plans amid legal proceedings. (Para 5) |
ORDER
1. This application was filed for remedial action against violation of environmental norms in permitting use of equines (including horses, ponies, mules and donkeys) in the region of Shri Mata Vaishno Devi Shrine in J&K.
2. The application was filed on 12.10.2015 and was dealt with by several orders including orders dated 13.12.2017, 20.02.2018 and 22.03.2018. By 13.12.2017 order, the Tribunal reiterated directions dated 13.11.2017 and also made the same applicable to Amarnath Ji Shrine Board. The operative part of the order is reproduced below:-
Vide our order dated 13th November, 2017 the Tribunal had passed certain direction with regard to the environmental issues pertaining to Shrine Board of Vaishno Devi Ji. This order was assailed in Appeal before the Hon’ble Supreme Court of India vide order dated 20th November, 2017. The Hon’ble Supreme Court of India has stayed the direction No. 1 relating to opening of the new passage constructed by the Board primarily for the pedestrian. The proceedings before the Hon’ble Supreme Court of India are pending. As a result of the above it is not necessary for us to now deal with the compliance or otherwise of direction no. 1 as directed by the Hon’ble Supreme Court of India.
Learned counsel appearing for the Board submits that she has already filed compliance report in relation to other directions. However, direction No. 7 to 12 are to be complied by the State Government.
Learned counsel appearing for the State Jammu & Kashmir prays for further time to file the compliance status report. Let that be done positively within two weeks from today.
Learned counsel appearing for the Applicant submits that the rehabilitation plan in relation to horses/mules has not been finalized despite order of the Tribunal. The meetings were held but still rehabilitation plan has not been finalized.
Learned counsel appearing for the State submits that rehabilitation plan approved has been finalized. However it is with different Departments and will be shortly finalized and placed in the public domain. In light of the above, we issue the following directions:-
1. The status compliance report in relation to condition no. 7 to 12 will be filed by the State Government within two weeks as directed.
2. Learned counsel appearing for the Board shall also file compliance report of other directions within the same period.
3. The rehabilitation plan should be finalized and put in the public domain within three weeks from today without any further delay.
These directions particularly in relation to the order dated 13th November, 2017 are also subject to the directions that may be passed by the Hon’ble Supreme Court of India. Amarnath Ji Shrine Board In furtherance to our order dated 15th November, 2017 the meeting was held by the Additional Secretary Ministry of Environment, Forest & Climate Change, Mr. A.K. Mehta. On 08th December, 2017 certain issues were discussed but by and large the answer to query raised by the Tribunal in its order appears to have been deferred for one reason or the other. We would not make any further observation at this stage particularly keeping in view what the CEO of Amarnathi Ji Shrine Board has submitted before the Tribunal.
In furtherance to the above we pass the following directions:-
1. The restrictions in relation to one way queue for Darshana at the holy cave shall be strictly implemented.
2. No Pilgrim/devotee/person would be permitted to carry any article from the last stairs leading to the holy cave. It is admitted that every person is subjected to frisking before he can proceed to the cave. At the frisking point there shall be provided a space for storage for articles. Nobody would be permitted to carry any ar
