राज्य
Sikkim High Court Directs Immediate Action Against Sewage Discharge Into Jhoras, Rivers
Special Correspondent
२०८३ श्रावण २४, शनिबार
१०:१५ बजे | अद्यावधिक: १०:४५
211 पटक हेरिएको
Gangtok, SEPT 29: The High Court of Sikkim has directed the State authorities to take immediate steps to prevent the discharge of wastewater and other waste into jhoras, rivers and other water sources, while expanding the scope of proceedings concerning the accumulation of garbage and waste in farmland.
A Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan passed the directions on September 29 in A PIL titled - In Re-Accumulation of Garbage and Wastes in Farmland.
The order followed a detailed report submitted by the court-appointed Amicus Curiae, Tara Devi Chettri, after an inspection of the affected areas.
The court recorded observations in the report that, at certain locations, existing septic-tank arrangements may not be sufficient to handle increased wastewater generation, particularly during tourist surges particularly in Lachen and Lachung of North SIkkim.
The report further stated that when septic tanks become full or overflow, wastewater is allegedly discharged through outlet arrangements into open drains, some of which ultimately connect with jhoras and natural streams.
On grey water, the report said wastewater from domestic and commercial activities was, in certain locations, being directly connected to or discharged into open drainage channels.
The High Court noted that the issue was “very serious” and directed the State respondents to take immediate action to prevent the discharge of waste into jhoras and rivers.
The court referred to Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, which prohibits the knowing discharge or permitting of poisonous, noxious or polluting matter into streams, wells, sewers or land, subject to the provisions of the Act.
It also reproduced Section 43, which provides for penalties for contravention of Section 24. Under the provision quoted in the order, a person contravening Section 24 may be liable to a penalty of not less than ₹10,000 and up to ₹15 lakh, with an additional penalty of ₹10,000 per day where the contravention continues.
The court directed that if violations are found, the concerned officer appointed by the State under the relevant law must report them and take appropriate action.
Sikkim State Pollution Control Board, who is impleaded as Respondent No. 4 was also directed to advise the officer concerned regarding immediate measures required to address the discharge of waste into water channels and pollution of water sources. The court said the necessary action should be taken within two weeks.
STP Project Timeline Sought
During the hearing, the Additional Advocate General submitted that the Ministry of Jal Shakti, under the Jal Shakti Scheme, was working towards a long-term solution involving a sewage treatment plant (STP).
The High Court recorded the submission and directed the Additional Advocate General to inform it, by the next date of hearing, within what period the project would be completed.
The court also sought clarification on whether hotels in Sikkim are required, under the applicable Building Rules, to have their own sewage treatment plants as part of the requirements for hotel construction.
District Collectors And Jal Shakti Ministry Brought into Proceedings
The court directed that the District Collector, Mangan, be added as a party, noting that the issue involved the jurisdiction of the District Collector, Mangan.
Considering the wider implications of the matter, the Bench subsequently directed that the District Collectors of all districts in Sikkim be impleaded.
The Ministry of Jal Shakti, through the Executive Engineer, Central Water Commission, Sikkim Investigation Division, Government of India, Tadong, Gangtok, was also directed to be added as an additional respondent.
The Deputy Solicitor General of India took notice on behalf of the Ministry and waived formal service of notice.
Legal Services Authorities Asked To Check Other Districts
The High Court also directed the Amicus Curiae to contact the Secretaries of the District Legal Services Authorities in each district to determine whether similar issues exist elsewhere in the State.
The Member Secretary of the Sikkim State Legal Services Authority was directed to facilitate communication with the district legal services authorities.
The order also noted the work undertaken by the Amicus Curiae, including travel to remote locations, and directed the State Government to pay ₹25,000 towards travelling expenses within four weeks.
The matter has been adjourned to October 14, 2026, when the court is expected to consider the State's response on the proposed sewage treatment infrastructure, action taken to prevent pollution of water sources and other compliance issues.
The proceedings arise from a public interest litigation concerning the accumulation of garbage and waste in farmland and have now been expanded to address wider concerns relating to sewage, grey-water discharge and potential pollution of natural water channels.
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