Sikkim High Court Asks State Govt To Inspect All Companies To Check For Discharge Of Effluents Into Rivers

The division bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai was hearing a PIL regarding discharge of effluents by pharma companies in the state. 

“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,” the court in its May 30 order noted. 

While dealing with the primary issue, it was subsequently noticed by the Court that these pharma companies were also extracting ground water, which is precious in Sikkim, even though surface water is available in abundance in the State.

The Court, in its October 29, 2021 order had observed that a road map is required with regard to use of surface water and also water obtained by means of rain water harvesting, to end the usage of precious ground water. Accordingly, the Court had asked the Amicus Curiae appointed in the matter, to prepare such a road map while taking all stakeholders on board.

Subsequently in its May 30 order the high court had noted that after inspection of all the industries, the Amicus Curiae 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.

“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 order notes.

The Compliance report filed by the State revealed that a final draft of the Sikkim Springs and Groundwater (Regulation and Management) Bill, 2025, has been prepared.

“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,” the Court said.

However, the Court noted that 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.

Case Title: In Re-Discharge of Effluents by Pharma Companies situated at Singtam

Case No.: WP(PIL) No. 12/2017