Back
2022 Supreme(Online)(NGT) 861
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Adarsh Kumar Goel, CJ, Justice Sudhir Agarwal, J, Prof. A. Senthil Vel, Expert Member
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 highlighted the urgent need for compliance with environmental norms and rehabilitation plans, emphasizing the importance of timely action to address violations and protect environmental integrity.
Headnote:(A) Environmental Protection Act - Remedial action against violations of environmental norms related to use of equines in religious areas - Directions for compliance with rehabilitation plans and adherence to environmental standards. (Paras 1, 2, 3, 4)
(B) Directions - The Tribunal reiterated earlier directions and emphasized mandatory compliance by respective authorities, stressing the urgency and importance of the issue at hand. (Paras 3, 4)
Facts of the case:
The application was filed seeking action for violations regarding equines at the Shri Mata Vaishno Devi Shrine, highlighting inaction by the State regarding rehabilitation and compliance with the Tribunal's previous orders.
Findings of Court:
The Tribunal noted significant delays in the implementation of directions related to the rehabilitation of equine operators and imposed a cost due to non-compliance. The requests by the State to delay were deemed unacceptable.
Issues: The primary issues revolved around the urgent need for rehabilitation plans, compliance with Tribunal's orders, and the implications of delayed actions.
Ratio Decidendi: The court affirmed that delays in addressing the environmental impacts and rehabilitation of affected operators undermined regulatory compliance, thus emphasizing that timely action is crucial for environmental accountability.
Result: Proceedings before the Tribunal will stand closed, with parties permitted to approach the Tribunal later after Supreme Court decisions.
| Table of Content |
|---|
| 1. request for remedial action against environmental violations. (Para 1 , 2) |
| 2. statements regarding compliance and reiteration of directions. (Para 3 , 4) |
| 3. finalization of proceedings and conditions for future actions. (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 article mobile etc. beyond frisking po
