Sikkim: NGT sets hearing date for social worker Dr. Bina Basnett's environmental case on January 3, 2024

The National Green Tribunal, Eastern Zone Bench, Kolkata, has taken a pivotal step in the environmental case of Dr. Bina Basnett versus the State of Sikkim and others. The case, bearing Original Application No.38/2022/EZ (I.A. No.131/2022/EZ), is poised to be a landmark legal battle with far-reaching implications for environmental conservation and sustainable development in the region.

On the hearing date of October 18, 2023, Justice B. Amit Sthalekar, Judicial Member, and Dr. Arun Kumar Verma, Expert Member, presided over the proceedings. Notable legal representatives, including Pratap Shanker for the Applicant Basava Prabhu S Patil, and others for the Respondents, attended the session.

Key highlights from the hearing include:
1.    Dr. Bina Basnett, the applicant, was represented by Pratap Shanker.
2.    Respondent No. 5, the Sikkim State Disaster Management Authority, was represented by Saumitra Jaiswal. The counsel submitted a Vakaltnama and was granted four weeks for filing a counter-affidavit.
3.    The Advocate General of Sikkim, Mr. Basava Prabhu S Patil, representing the State Respondents (1, 3, 4, 7, and 9), was given four weeks for filing a counter-affidavit.
4.    Pinaki Misra, Senior Counsel, along with Kazi Sangay Thupden, represented Respondent No. 2, Gangtok Smart City Development Limited. They were also granted four weeks to file a counter-affidavit.
5.    Mansi Bachani and Ms. Gitanjali Sanyal represented Respondent No. 6, the Sikkim State Pollution Control Board. They were granted four weeks to file a counter-affidavit.
6.    A.D.N. Rao, assisted by Sonali Sengupta, represented Respondent No. 8, the State Environment Impact Assessment Authority (SEIAA), and was granted four weeks for a counter-affidavit.
7.    Sanjay Upadhyay, with Ms. Anushi Malik, represented Respondent No. 12, MESASO Infrastructure Private Limited, and were given four weeks for filing a counter-affidavit.
8.    Amrita Pandey accepted notice on behalf of Respondent No. 11, the Ministry of Environment, Forest and Climate Change (MoEF&CC). They were also granted four weeks for filing a counter-affidavit.
9.    Respondent No. 10, Gangtok Municipal Corporation, did not have a representative present during the hearing. Notice has been issued, returnable within four weeks.

The learned Counsel for the Respondents are required to file their counter-affidavits within the same four-week period. Pratap Shanker, the counsel for the Applicant, has been instructed to serve electronic copies of the Original Application and its annexures to all Respondents' legal representatives within 48 hours.The case is scheduled for the next hearing on January 3, 2024.