(Madan B. Lokur and Deepak Gupta, JJ.)
Amarnath Ji Shrine Board Through Chief Executive Officer __________________________________________________ Appellant;
v.
State of Jammu and Kashmir and Others _____________ Respondent(s).
Civil Appeal Nos. of 2018 D. No. 11601/2018, decided on April 16, 2018
The Order of the court was delivered by
Order
1. These appeals have been filed by Shri Amarnathji Shrine Board with regard to the Holy Cave in Amarnath.
2. 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.
3. 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.
4. In view of the above, we set aside the orders passed by the National Green Tribunal.
5. 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 at liberty to file an application pertaining to the Holy Cave in Amarnath before the National Green Tribunal in accordance with law.
6. The appeals stand disposed of.
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