National Green Tribunal
Gauri Maulekhi vs Government Of Jammu And Kashmir on 15 November, 2017
Author: Swatanter Kumar
Bench: Swatanter Kumar
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 473 of 2015
(M.A. No. 10/2016, M.A. No. 296/2017, M.A. No. 490/2017 &
M.A. No. 1067/2017)
IN THE MATTER OF:-
Gauri Maulekhi Vs. State of J&K & Ors.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER
Present: Applicant: Mr. K. Venugopal, Sr. Adv. with Mr. Udai
Raman, Ms. Anusika Hirrandani, Ms. Priyanka
Banjani, Ms. Pretty Sinha, Mr B. Monga, Advs
Ms. Sakshi Popli, Adv. for Ministry of
Environment, Forest and Climate Change
Mr. Keshav Thakur, adv for Amarnath Shrine
Board (CEO) Umang Narula
Mr. Gursimarn Singh, Adv (proxy) Mr. Renu
Gupta, Adv,
Mr. G.M. Kawoosa, Adv. for State of Jammu &
Kashmir
Mr. B.V. Niren, Adv. for MoUD and Mr.
Vinayak Gupta, Adv.
Date and Orders of the Tribunal
Remarks
Item No.
09
M.A. No. 1381 of 2017
November
15, 2017
The Application presented before the Tribunal taken
on record.
Notice.
Learned counsel appearing for the respective
Respondents accept Notice, waive service and pray for
time to file the Reply. Let the Reply be filed within one week from today with advance copy to the Learned counsel appearing for the Applicant who may file Rejoinder thereto, if any, within three days thereafter.
List this matter for hearing on 05th December, 2017. Main Matter Learned counsel appearing for the Amarnath Ji Shrine Board submits that he would file status report showing Item No. compliance to the directions contained in the judgment of 09 the Hon'ble Supreme Court of India in the case of Court November 15, 2017 on its own Motion Vs. Union of India dated 13th December, 2012. The status report shall clearly state the steps that have been taken in the interest of environment and ecology and keeping in view that the entire range of Himalayan is eco sensitive irrespective whether it is so notified or not. Sensitivity of that area can hardly be disputed. We direct the Board to file a complete and comprehensive report without delay and default before the next date of hearing. Mr. Umang Narula, CEO of the Board submits that they do not have inhouse expertise to ensure complete compliance of the directions and what infrastructure should be provided to ensure that there is due protection of the environment and ecology and no inconvenience is caused to the pilgrims while maintaining the sanctity of the Cave.
We hereby constitute the following Committee of Experts which shall advise the Boards of all aspects covered by the Judgment of the Hon'ble Supreme Court of India and submit a report to the Tribunal on all aspects. This Committee shall hold its meeting within one week from today atleast primary action plan should be stated. However, the Committee may visit the glacier and the Cave whenever it is possible to do so and then file a final report. The Members of the Committee would be:-
1. Additional Secretary, Ministry of Environment, Forest & Climate Change will be Chairman of the Committee;
2. Scientist - G - Advisor from the concerned Item No. 09 specialization from Ministry of Environment, Forest November & Climate Change;
15, 2017
3. Principal Secretary of Department of Finance, State of Jammu & Kashmir;
4. CEO of the Amanath Ji Shrine Board;
5. Senior Scientist from the G.B. Pant Institute Himalayan studies, Almora, Uttarakhand;
6. Senior Scientist from Wadia Institute Himalayan Geology, Dehradun, Uttarakhand
7. Chief Engineer, RNB, Kashmir Division;
8. Officer not below the rank of Brigadier from the Army Engineer Corps to be nominated by the Officer heading the Court of Army;
9. A Professor from Department of Earth Sciences GoI with expertise.
10. Member Secretary, Jammu & Kashmir Pollution Control Board.
Applicant is also permitted to participate in the meeting.
The Committee would prepare the Action Plan as directed above. The complete emphasis would be laid on providing an infrastructure which will provide a clear walking path from the end of the roads near the Cave from Baaltall and Panchtarni as well as to ensure that there is one way provided for Darshan, restrictions on noise level and carrying on materials to the Cave and the maintaining of absolute cleanliness at the Glacier in the Cave and all other matters related thereto.
The RR plan in respect of Vaishodevi Shrine matter Item No. 09 submitted by the State of Jammu & Kashmir shall be November placed before the competent Authority which shall either 15, 2017 clear the same or point out the deficiencies or suggest such modification as it may deem fit and proper in the present situation and circumstances. List this matter on 05th December, 2017 by which date the counsel will provide the definite answer in that behalf.
..........................................,CP (Swatanter Kumar) ..........................................,JM (Dalip Singh) ..........................................,JM (Dr. Jawad Rahim) ..........................................,EM (Bikram Singh Sajwan)