Sikkim High Court
Mr. Sajal Sharma vs Mr. Zangpo Sherpa on 19 June, 2025
Bench: Chief Justice, Meenakshi Madan Rai
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HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
WP (PIL) No. 12/2017
IN RE - DISCHARGE OF EFFLUENTS BY PHARMA COMPANIES SITUATED AT SINGTAM.
For Petitioner : Mr. Sajal Sharma, Amicus Curiae and
For Respondent nos. : Mr. Zangpo Sherpa, Additional Advocate General
1, 3, 4, 23, 24 and 58 with S.K. Chettri, Government Advocate.
For Respondent nos. : Mr. N. Rai, Senior Advocate with Ms. Tara Devi
5 and 47 Chettri, Advocate.
For Respondent no.6 : Mr. Passang Tshering Bhutia, Advocate.
For Respondent nos. : Mr. Manish Kumar Jain and Ms. Nirupa Rai,
7 to 12, 14, 18, 19 to Advocates.
21, 25, 26, 31, 32,
34, 42, 49 and 54
For Respondent no.13 : Mr. Sonam Bhutia, Advocate.
For Respondent nos. : Mr. Karma Thinlay Bhutia, Senior Advocate with Mr.
43 and 44 Zamyang Norbu Bhutia, Advocate.
For Respondent nos. : Mr. J. K. Chandak and Ms. Nisha Gurung, Advocates.
16, 18 and 35
For Respondent no.17 : Mr. J. K. Chandak and Ms. Nikita Chandak, Advocates.
For Respondent nos. : Mr. J. K. Chandak, Advocate.
40, 41 and 52
For Respondent no.22 : Mr. Karma Thinlay Bhutia, Senior Advocate and
Central Govt. Counsel.
For Respondent nos. : Mr. Rahul Rathi, Advocate.
29, 30, 33, 36 to 38,
45, 46, 55 to 57
For Respondent no.51 : Mr. Bhushan Nepal, Advocate.
For Respondent nos. : Mr. Adarsh Gurung, Advocate.
15, 39 and 48
For Respondent nos. : None appears.
50 & 53
Date: 19/06/2025
CORAM:
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
...
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Record of Proceedings
JUDGMENT :
(per the Hon'ble, the Chief Justice)
This Public Interest Litigation is pending before this Court since the year,
2017. The genesis of this Public Interest Litigation was with regard to discharge
of effluents by pharma companies situated at Singtam (Sikkim). During the
pendency of this Public Interest Litigation, it was noticed that there were pharma
companies situated in other parts of the State of Sikkim and as such they were
also brought under the purview of this litigation. While dealing with the primary
issue, it was subsequently noticed by this Court that these pharma companies
were also extracting ground water -- which is precious in Sikkim -- even though
surface water is available in abundance in this small Himalayan State.
As far back on 29th October, 2021, this Court had observed inter alia as
follows:
"...............................................................
So far as discharge of effluents are concerned, the issue has
already come to a rest. In this context one may take note of the
judgment and order dated 26th February, 2021, passed by an earlier
Bench of this Court. However, a road map is required to be prepared
with regard to use of surface water and also water obtained by means
of rain water harvesting so that the entire process is completed within
a realistic time frame, in order to bring to a total end of usage of
precious ground water.
The learned Amicus Curiae may assist this Court by preparing
such a road map while taking all stakeholders on board.
............................................................"
Since then much water (thankfully, no ground water!) has flown under the
bridge. The result of the elaborate exercise undertaken at the behest of this
Court has now come up in the form of a compliance report filed on behalf of the
State respondents no.1, 3, 4, 23, 24 and 58 pursuant to the order dated 30th
May, 2025, passed by this Court. Relevant portion of the order dated 30 th May,
2025, is set out hereinbelow:
"Let the report of the learned Amicus filed on 27th May, 2025,
in compliance of this Court's order dated 10 th September, 2024, be
taken on record.
Perusing the said report, it appears that the learned Amicus
along with officials of Sikkim State Pollution Control Board inspected all
the pharmaceutical industries located within the State of Sikkim,
totalling to forty-four (44) industrial units, situated in different pockets
of the State of Sikkim. Out of the forty-four (44) industrial units, it
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HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
appears that four (4) industries have already shut down their
operations. The names of the four (4) industrial units have been stated
in paragraph 4 of the report. From paragraph 5 of the report, it
appears that after inspection of all the industries, the learned Amicus
and the officials of Sikkim State Pollution Control Board did not
observe any effluents being discharged into the main rivers/
streams/kholas within the State of Sikkim.
Having taken note of the facts as stated hereinabove, this Court
is of the view that the draft legislation, which is being re-worked, is
required to be placed before this Court within three weeks from date.
.............................................................."
The compliance report which has been filed yesterday (i.e., 18th June,
2025), now reveals that a final draft of the Sikkim Springs and Groundwater
(Regulation and Management) Bill, 2025, has been prepared and the same has
been annexed to the compliance report.
We have perused the draft of the "Sikkim Springs and Groundwater
(Regulation and Management) Bill, 2025". However, a final glance-through of the
same is required to be carried out by the learned Amicus, minutely. If the learned
Amicus is of the view that one member of the Central Ground Water Authority
(CGWA), being the respondent No.22 herein, is required to be made a member of
the proposed Sikkim State Authority (as stated in the draft Bill), he may make a
recommendation to the State Government, which the State Government may
consider before giving final shape to the draft Bill that has been placed before
this Court. However, we make it clear that the final say in this matter rests
squarely with the State Government.
One suggestion of this Court which, however, can be taken note of by the
State Government is, notwithstanding the provisions as contained in the draft
Bill, the competent authority of the State Government shall carry out periodic
inspection of all companies including the existing pharma companies within the
State of Sikkim in order to find out whether they are still actually discharging
effluents or not.
Before parting with this matter, we would like to express our deep
appreciation to the learned Amicus for having rendered all possible assistance to
this Court.
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Record of Proceedings
A final remuneration of ₹ 10,000/- (Rupees ten thousand only), may be
given to each of the learned Amicus, by each of the existing pharma companies.
With the above observations, the instant Public Interest Litigation, being
WP (PIL) No. 12 of 2017, stands disposed of with liberty to the parties to apply in
case of any difficulty which may arise in future in respect of the issues considered
by this Court.
(Meenakshi Madan Rai) (Biswanath Somadder)
Judge Chief Justice
jk/ds
