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National Green Tribunal

Gauri Maulekhi vs Government Of Jammu And Kashmir on 9 August, 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)

IN THE MATTER OF:-

                        Gauri Maulekhi Vs. State of J & K &Ors.

CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
        HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
        HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER

Present:       Applicant:               Mr. Aditya Singla, Adv. Ms. Ambika Nijjar, Adv.
                                        and Ms. Drishti S. Harpalani, Adv.
              Respondent No. 3 :        Mr. Gaurav Pachnanda, Sr. Adv. alongwith Ms.

Renu Gupta, Ms. Shivangi Vaid, Advs. for Mata Vaishno Devi Shrine Board Ms. Sakshi Popli, Adv. for Ministry of Environment, Forest and Climate Change Mr. G.M. Kawoosa and Ms. Palak Mittal, Advs.

                                        for State of J&K

           Date   and                      Orders of the Tribunal
           Remarks
            Item No.
               20

The Learned counsel appearing for the Shrine Board August 09, 2017 submits that authorities are making all efforts to comply ss with the directions of the Tribunal for opening of newly constructed pedestrian way for Ardh-kuwari. Having heard the learned counsel, we direct that under no circumstances it should be beyond 01st September, 2017 and pedestrian path should be opened for public. The State Government shall deploy appropriate force so that no inconvenience is caused to the pilgrims wanting to go by that path.

The Learned counsel appearing for the Shrine Board and the State Government submits that the directions contained in our order dated 22nd May, 2017 are being complied with and strictly adhered to and all possible efforts are being made to ensure compliance.

The Learned counsel appearing for the applicant submits that the State of Jammu and Kashmir and Shrine Board should be directed to consider rehabilitation Item No. programme for the mules which are not permitted to go on 20 the tracks including their owners. She relied upon the August 09, 2017 judgment of the Hon'ble High Court of Bombay in this ss behalf. We direct the concerned Secretary of the State along with C.E.O. of the Shrine Board to hold meeting with the stakeholders and the applicant is also permitted to participate to examine the rehabilitation scheme.

List this matter for further directions on 05th September, 2017.

..........................................,CP (Swatanter Kumar) ..........................................,JM (Raghuvendra S. Rathore) ..........................................,EM (Bikram Singh Sajwan)