Sikkim High Court: While considering the instant Public Interest Litigation (PIL) which was initiated in 2017 to address the concerns regarding the discharge of effluents by pharma companies situated at Singtam; the Division Bench of Biswanath Somadder, CJ.*, and Meenakshi Madan Rai, J., suggested that the competent authority of the State Government should carry out periodic inspection of all companies including the existing pharma companies within the State of Sikkim in order to find out whether they were still actually discharging effluents or not.
The PIL dealt with discharge of effluents by pharma companies situated at Singtam. During the pendency of the matter, it was noticed that there were pharma companies situated in different parts of the State of Sikkim, consequently they were also brought under the purview of this litigation. While dealing with the primary issue, it was subsequently noticed by the Court that these pharma companies were also extracting ground water, which was precious in Sikkim, even though surface water was available in abundance.
The Court took note of its previous order dated 29-10-2021, where it was held that a road map was required to be prepared with regard to use of surface water and also water obtained by means of rainwater harvesting so that the entire process was completed within a realistic time frame, in order to bring to a total end of usage of precious ground water.
The Court examined the report dated 30-5-2025 and noted that the Amicus along with officials of Sikkim State Pollution Control Board (’SPCB’) inspected all the pharmaceutical industries located within the State of Sikkim, totalling to forty-four industrial units. Out of the forty-four industrial units, four industries had already shut down their operations. The Court further noted that after inspection of all the industries, the Amicus and the officials of Sikkim SPCB did not observe any effluents being discharged into the main rivers/ streams/kholas within the State of Sikkim. The Court emphasised that the draft legislation, which was being re-worked, was required to be placed before the Court within three weeks from date.
The Court referred to the compliance report dated 18-6-2025 and concluded that a final draft of the Sikkim Springs and Groundwater (Regulation and Management) Bill, 2025, had been prepared and the same had been annexed to the compliance report. The Court further observed that the Amicus must carry out a final glance-through the draft and, if he was of the view that one member of the Central Ground Water Authority (CGWA), was required to be made a member of the proposed Sikkim State Authority, then he might make a recommendation to the State Government. The Court, however, clarified that the final say lay with the State Government.
With the afore-stated observations and suggestions, the Court, therefore, disposed of the petition.
[Discharge of Effluents by Pharma Companies Situated at Singtam, In re, 2025 SCC OnLine Sikk 66, decided on 19-6-025]
*Judgment authored by: Chief Justice Biswanath Somadder
Advocates who appeared in this case:
For the Petitioner: Sajal Sharma, Amicus Curiae
For the Respondents: [Zangpo Sherpa, Additional Advocate General with S.K. Chettri, Government Advocate, N. Rai, Senior Advocate with Tara Devi Chettri, Advocate, Passang Tshering Bhutia, Advocate, Manish Kumar Jain and Nirupa Rai, Advocates, Sonam Bhutia, Advocate, Karma Thinlay Bhutia, Senior Advocate, Zamyang Norbu Bhutia, Advocate, J.K. Chandak and Nisha Gurung, Advocates, Nikita Chandak, Advocate, Karma Thinlay Bhutia, Senior Advocate and Central Govt. Counsel, Rahul Rathi, Advocate, Bhushan Nepal, Advocate, Adarsh Gurung, Advocate.]
