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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



Advocates:
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

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