STATE OF JAMMU AND KASHMIR versus SWAMI SACHIDANAND S.C.S. PURNANAND AND ORS. ETC.

Citation: [1999] 1 S.C.R. 826 · Decided: 22-02-1999 · Supreme Court of India · Bench: A.S. ANAND, M. SRINIVASAN, N. SANTOSH HEGDE · Disposal: Disposed off
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Judgment (excerpt)

A 
STATE OF JAMMU AND KASHMIR 
Ji 
v. 
SWAMI SACHIDANAND S.C.S. PURNANAND 
AND ORS. ETC. 
B 
FEBRUARY 22, 1999 
(DR. AS. ANAND CJ., M. SRINIVASAN AND 
>-
N. SANTOSH HEGDE, JJ.] 
- ~ 
c 
Public interest litigation-Amamath Holy Cave-Pilgrimage to-Regula-
tions made by State of Jammu and Kashmir-C/1al/e11ge to regulation~Direc-
tion by High Court to State of J & K to keep open the Balta! route 011 a 
pem1a11e11t basis-Appeal pref emd by State of J & K-R.easons given by State 
as to why it was not possible to keep Balta/ route open throughout the 
year--State also giving undertaking to continue to make improvements on 
D pahalgam route during the yatra-Held the stand taken by State Govt. was 
f air--Accordingly directions given by the High Court modified. · 
,, 
·• 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1045 of 
1996 Etc. 
E 
From the Judgment and Order dated 6.11.97 of the Delhi High Court 
in W.P. No. 2663 of 1997. 
Ashok Mathur for the Appellant. 
F 
Ranbir Jain for the Respondents. 
,. 
The following Order of the Court was delivered : 
.... 
Leave granted. 
G 
The Division Bench of the High Court in writ petitions filed in public 
( 
interest by various persons and Organisations challenging the regulations 
made by the appellant in the conduct of Amar Nath yatra to the Holy cave 
inter-a/ia directed the appellant to keep open the Balta! route, on a 
. .., .... 
permanent basis in a manner similar to Vaishno Devi route. Certain other 
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directions were also issued. The State has put in issue the Order of the 
H Division Bench. 
826 
STATE v. SWAMI SACHIDANAND S.C.S. PURNANAND 
827 
). 
On 17th August 1998, the following Order was made by the Bench : A 
Mr. Dipankar Gupta, learned senior counsel says that the State 
would comprehensively examine the matter in the light of the 
judgment of the High Court and respond as to what valuable 
suggestions made by the High Court are acceptable to it and what 
B 
objections the State has towards others which are not accepted. 
~ 
Eight weeks' time for doing the needful is granted. List thereafter. 
• • 
Subsequently, the supplementary affidavit was filed on behalf of State 
of Jammu and Kashmir by Shri Sonam Dorjey. The relevant portion of the 
affidavit reads thus : 
c 
2. ...... Without prejudice to the said contention I say that the 
Petitioners are aggrieved by lnter~alia the following directions 
issued by the Hon'ble High Court in its impugned order. 
.. 
(a) ...... it will be desirable and easy to maintain the Balta! route D 
as an open route as permanent and open as it has made the route 
•· 
to Vaishno Devi open alld permanent route. 
(b) As far as traditional route via Pehalgam is concerned, if 
anything is required to be done tO make that route more comfort-
able to traverse, the State Government should carry out improve-
E 
ments in that route also. We expect that the State Government will 
be able to provide clear hygienic routes not only through the 
traditional route by Pahalgam, but also through the Baltal route. 
3. I say that as regards direction (a) above,.it is submitted that the 
F 
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Hon'ble High Court failed to appreciate that the.Amarnath Shrine 
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unlike the Mata Vaishno Devi shrine is nor visited throughout the 
year. That the pilgrims visit this shrine orily during the Annual 
Amarnath yatra (which lasts approx. 40 days in a. year). In the 
circumstances, the State of Government undertakes that it shall 
endeavour to keep Balta/ route open during the 40 days period of 
yatra as far as practicable and weather and other physical conditions G 
permitting. This is more so because of the foil owing reasons 
.... 
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(Emphasis supplied) 
' 
(a) I say that this is more so taking into account the fact that on 
the 15th cif November every year the road beyond Sonamarg is H 
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828 
SUPREME COURT REPORTS 
(1999] 1 S.C.R. 
A 
, officially declared closed by project beacon, which is a unit of the 
~ 
Border Roads Organisation, which in turn is under the Ministry 
of Defence, Government of India. That in this regard it is relevant 
to refer to the opinion received from their Engineer (P) Beecon 
which states : 
B 
(i) 
that the terrain and weather conditions in the Zojila area. 
Unprecedented and heavy snowfall accumulation of 2-3 feet 
) 
overnight resulting in triggering of avalanche due to variation 
.. 
in temperature during the day when the temperature goes 
high. The avalanches further bring mass earth alongwith them 
c 
thus creating devastation
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