2018 Supreme(Online)(SC) 919
AMARNATH JI SHRINE BOARD THROUGH CHIEF EXECUTIVE OFFICER – Appellant
Versus
THE STATE OF JAMMU AND KASHMIR – Respondent
C.A. No.-004243-004245 / 2018
16-04-2018
ASHOK MATHUR
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. OF 2018
D.NO.11601/2018
AMARNATH JI SHRINE BOARD
THROUGH CHIEF EXECUTIVE OFFICER
...APPELLANT(s)
VERSUS
STATE OF JAMMU AND KASHMIR & ORS.
...RESPONDENT(s)
O R D E R
These appeals have been filed by Shri Amarnathji
Shrine Board with regard to the Holy Cave in Amarnath.
During the course of hearing, it has transpired that
the matter was virtually taken suo motu by the National
Green Tribunal and directions passed on 13th December,
2017 which were clarified subsequently on 14th December,
2017.
In our view, the matter having been taken suo motu in
the manner in which it has been, particularly since the
application filed before the Tribunal pertained to the
Shrine at Vaishno Devi, we are of the view that the
Tribunal exceeded its jurisdiction in giving the
directions that it did.
In view of the above, we set aside the orders passed
by the National Green Tribunal.
Learned counsel appearing on behalf of Ms. Gauri
Maulekhi, who had apparently filed an Original
Application with regard to the Shrine at Vaishno Devi is
Digitally signed by
MEENAKSHI KOHLI
Date: 2018.04.18
17:32:55 IST
Reason:
Signature Not Verified
2
at liberty to file an application pertaining to the Holy
Cave in Amarnath before the National Green Tribunal in
accordance with law.
The appeals stand disposed of.
.............................J.
(MADAN B. LOKUR)
.............................J.
(DEEPAK GUPTA)
NEW DELHI
APRIL 16, 2018
3
ITEM NO.64 COURT NO.4 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 11601/2018
(Arising out of impugned final judgment and order dated 23-01-2018
in RA No. 02/2018 and 14-12-2017 in OA No. 473/2015 and 13-12-2017
in OA No. 473/2015 passed by the National Green Tribunal)
AMARNATH JI SHRINE BOARD
THROUGH CHIEF EXECUTIVE OFFICER
Petitioner(s)
VERSUS
THE STATE OF JAMMU AND KASHMIR & ORS.
Respondent(s)
Date : 16-04-2018 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s)
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Ashok Mathur, AOR
Ms. Renu Gupta, Adv.
For Respondent(s)
Mr. Krishnan Venugopal, Sr. Adv.*
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
The appeals stand disposed of in terms of the signed
order.
(SANJAY KUMAR-I) (TAPAN KUMAR CHAKRABORTY)
AR-CUM-PS COURT MASTER
(*appearance slip not given)
(Signed order is placed on the file)
4
ITEM NO.64.1 COURT NO.4 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 11739/2018
(Arising out of impugned final judgment and order dated 13-12-2017,
20-02-2018 and 22-03-2018 in OA No. 473/2015 passed by the National
Green Tribunal)
STATE OF JAMMU & KASHMIR
Petitioner(s)
VERSUS
GAURI MAULEKHI & ORS.
Respondent(s)
(WITH APPLN.(S) FOR CONDONATION OF DELAY IN FILING ON IA 54749/2018
AND FOR STAY APPLICATION ON IA 54750/2018 AND FOR EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT ON IA 54751/2018)
Date : 16-04-2018 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s)
Mr. Maninder Singh, ASG
Mr. M. Shoeb Alam, AOR
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
For Respondent(s)
Mr. Krishnan Venugopal, Sr. Adv.*
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Exemption from filing certified copies of impugned
orders gr