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2022 Supreme(Online)(NGT) 858
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 – 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
The Tribunal emphasized timely compliance with environmental orders and accountability of the State, imposing costs for delays in rehabilitation efforts.
Headnote:(A) Environmental Protection Act, 1986 - Directions regarding operation and management of equines at the Shri Mata Vaishno Devi Shrine - Following non-compliance by the State of Jammu and Kashmir regarding rehabilitation of mule operators, the Tribunal imposed costs - Order directed the finalization of a rehabilitation plan to be implemented without delay. (Paras 1-5)
(B) Compliance with previous orders - The Tribunal observed delays in the compliance by the State and directed adherence to previous court mandates, emphasizing the urgent nature of environmental remediation. (Paras 2-4) (
Facts of the case:
The application highlighted the need for swift rehabilitation measures for mule operators affected by orders limiting their operations in religious contexts due to environmental concerns. The Tribunal noted the extensive delay by the State in responding effectively to these directions.) (
Findings of Court:
The Tribunal emphasized the necessity for the State Government to expedite the rehabilitation process and directed costs of Rs. 50 lakhs for delays, holding the State accountable. The need for a swift compliance report was stressed, setting specific deadlines.) (
Issues: The main issues included the delay in finalizing the rehabilitation scheme and the compliance with environmental safety protocols.) (
Ratio Decidendi: The court ruled that the lack of action on the part of the State Government constituted serious oversight, warranting the imposition of costs and strict deadlines for future compliance. Environmental protection measures and the welfare of affected communities were highlighted as essential responsibilities of the State.) (
Result: Proceedings disposed of, with liberty to the aggrieved party to pursue further recourse as needed depending on the Supreme Court's decision.)
| Table of Content |
|---|
| 1. application addresses environmental concerns at a shrine. (Para 1) |
| 2. tribunal notes multiple prior orders and delays. (Para 2) |
| 3. state's failure to comply leads to imposed costs. (Para 3 , 4) |
| 4. proceedings closed pending supreme court's directions. (Para 5 , 6) |
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 articl
