Supreme Court - Daily Orders
Amarnath Ji Shrine Board Through Chief ... vs The State Of Jammu And Kashmir on 16 April, 2018
Bench: Madan B. Lokur, Deepak Gupta
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 14 th 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 Signature Not Verified by the National Green Tribunal.
Digitally signed byMEENAKSHI KOHLI Date: 2018.04.18 17:32:55 IST Reason: 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 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 granted.
Issue notice.
Learned counsel appearing on behalf of Respondent No.1 accepts notice.
Tag with Civil Appeal No.18844 of 2017. 5 List both the matters on 3rd May, 2018. In the meanwhile, no coercive steps be taken against the State of Jammu and Kashmir for deposit of Rs.50 lakhs.
(SANJAY KUMAR-I) (TAPAN KUMAR CHAKRABORTY)
AR-CUM-PS COURT MASTER
(*appearance slip not given)