Sikkim HC orders statewide inspections of industries, hotels over waste disposal

The Sikkim High Court has directed the State Pollution Control Board (SPCB), district administrations and District Legal Services Authorities to jointly inspect pharmaceutical companies and other industries across the state amid concerns over waste accumulation on farmland and the discharge of untreated effluents into water bodies.

A division bench of Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan issued the directions on Wednesday while hearing a public interest litigation (PIL) concerning garbage and waste management.

The inspections will assess the adequacy of waste management systems and determine whether industries, hotels and other establishments are discharging effluents into rivers, streams and water channels. The SPCB has also been directed to verify whether hotels possess the mandatory consent to operate and comply with its conditions.

The court tagged the present case with a previously closed PIL concerning effluent discharge by pharmaceutical companies at Singtam, registered as WP(PIL) No. 12 of 2017.

During the hearing, Mangan District Collector Anant Jain informed the court that inspections had been conducted and householders and hotel operators had been instructed to stop discharging waste into rivers and streams.

The SPCB told the court that hotels operating without the requisite consent had been given until March 31, 2027, to obtain approval. The bench made it clear that establishments failing to comply after the deadline must be closed.

Three-month deadline for sewerage rules

The court also expressed concern that the Rules under the Sikkim Sewerage and Sewage Disposal Act, 2025, notified in January 2026, had not yet been framed. It directed the state government to complete the process within three months, referring to a February 19, 2026, Supreme Court direction in the Bhopal Municipal Corporation case.

On enforcement of the Water (Prevention and Control of Pollution) Act, 1974, the bench noted that the requirement for the state government's secretary to initiate action against violations could hamper effective enforcement.

The court suggested that the Union government consider empowering district collectors to initiate such action and asked the Deputy Solicitor General to forward the order to the Centre.

Concern over construction in fragile ecology

The bench also raised concerns over unchecked hotel construction in remote areas and its potential impact on Sikkim's fragile ecology.

It urged the state to consider extending the Sikkim Building Construction Regulation, 1991, which currently applies only to Gangtok, to the entire state.

The Additional Advocate General has been directed to convey the state government's position on the proposed extension at the next hearing, scheduled for November 25, 2026.