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Judgment
The Assistant Director Tourism, Gulmarg, vide order dated 15.05.2016 permitted the petitioner to operate one All-terrain Vehicle (ATV) for use of the Hotel Little Silver to ferry guests to the hotel from the main road with certain conditions. The said permission or the no objection given by the Assistant Director Tourism has been cancelled by the order impugned in the petition dated 04.07.2022 on at least two counts that the petitioner has increased the number of vehicles at his own level and that there is a direction dated 31.05.2022 of the National Green Tribunal to regulate tourism and vehicular movement on the slopes of certain areas of Kashmir including the Gulmarg.
The argument is that the petitioner has not been put to notice or given an opportunity of hearing before cancelling the permission earlier granted and that the petitioner has neither increased the number of vehicles nor has violated any other condition of the permission.
It is further submitted that the National Green Tribunal has not issued any directioin whatsoever to cancell the existing permissions or the no objection certificates.
In the given facts and circumstances, we directed Mr. Illyas Nazir Laway, GA, appearing for the respondents to file counter affidavit within a period of one month from today and two weeks thereafter are allowed to the petitioner to file rejoinder affidavit.
At this stage, learned Advocate General intervenes and submits that instead of keeping the matter pending, since there is apparent violation of principles of natural justice, the impugned order may be kept in abeyance till a fresh order is passed.
In view of the aforesaid facts and circumstances, the effect and operation of the impugned order dated 04.07.2022 shall remain in abeyance till a fresh order is passed with liberty to the respondents to pass a fresh order in accordance with law after notice and opportunity of hearing to the petitioner, if possible within a period of two months. It is made clear that this order will not come in the way of either of the parties if the petitioner is required to take no objection or any permission from other departments.
The writ petition stands disposed of accordingly.