(Madan B. Lokur and Deepak Gupta, JJ.)
Shri Mata Vaishno Devi Shrine Board _____________ Appellant;
v.
Gauri Maulekhi and Others _________________ Respondent(s).
Civil Appeal No(s). 18844/2017, decided on May 3, 2018
With
C.A. No. 4050-4052/2018 (XVII) (For Stay Application on IA 54750/2018)
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties.
2. It appears that a plan has been made for rehabilitation of Mule owners operating on the track between Katra town to Shri Mata Vaishno Devi Ji Shrine. This plan was prepared by the State of Jammu and Kashmir.
3. We have been informed by the learned ASG appearing for the State of Jammu and Kashmir that the plan was discussed by the Cabinet for consideration and approval.
4. During the course of discussion, it appears that one of the impediments that came in the way was that Shri Mata Vaishno Devi Shrine Board (for short ‘the Shrine Board’) declined to part with any funds for the rehabilitation of Mule owners apparently on the ground that after a new track is inaugurated they do not require the services of the Mule owners.
5. In our opinion, the matter has to be looked into far more dispassionately by the Shrine Board particularly since the Mule owners have been carrying pilgrims to the Shrine on a daily basis for several years, if not decades. The Shrine Board should look into the matter in a humanitarian manner and not leave the Mule owners to their fate.
6. We may also note that this does not mean that the State of Jammu and Kashmir has no responsibility to rehabilitate the Mule owners.
7. In other words, it would be advisable if the representatives of the State Government and the representatives of the Shrine Board sit together in terms of the decision of the Cabinet which has constituted a sub-Committee in the decision taken on 24th April, 2018.
8. Since the effort is going to be collaborative and keeping in mind the humanitarian aspects, we request the sub-Committee to invite representatives of the Shrine Board as well as the representatives of the Mule owners as well as respondent NO. 1, if necessary for discussions.
9. It is stated by the learned senior counsel appearing on behalf of the Shrine Board that a new track which was proposed to be constructed will now open within this month.
10. For the present, we are not going into the question whether it should be motorable or not as mentioned in the order dated 13.11.20171 passed by the National Green Tribunal.
11. List the matter on 1st August, 2018 for further directions.
12. Interim order dated dated 16.04.20182 regarding no coercive steps be taken against the State of Jammu and Kashmir for deposit of Rs. 50 lakhs will continue.
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1 Gauri Maulekhi v. State of J&K, 2017 SCC OnLine NGT 1360
2 State of J&K v. Gauri Maulekhi, Diary No. 11739 of 2018, order dated 16-4-2018 (SC)
