The Sikkim High Court has directed the State Government to conduct regular inspections of all industrial units, including existing pharmaceutical companies, to ascertain whether they continue to discharge effluents.

A Bench comprising Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai passed the direction while hearing a Public Interest Litigation concerning the environmental impact of pharma companies operating in the State.

In its order dated May 30, the Court stated:
"One suggestion of this Court which, however, can be taken note of by the State Government is... 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."

While examining the main issue of effluent discharge, the Court also took note of concerns regarding groundwater extraction by these companies—particularly problematic in Sikkim where groundwater is a limited resource, despite an abundance of surface water.

Back in October 2021, the Court had observed the need for a comprehensive roadmap to shift reliance from groundwater to surface water and rainwater harvesting. It had directed the court-appointed Amicus Curiae to prepare the roadmap after consulting all stakeholders.

In the latest proceedings, the High Court noted that recent inspections by the Amicus Curiae and officials from the Sikkim State Pollution Control Board did not reveal any direct discharge of effluents into the State’s rivers, streams, or kholas.

Taking stock of legislative developments, the Court was informed that the State has prepared a final draft of the Sikkim Springs and Groundwater (Regulation and Management) Bill, 2025. After reviewing the draft, the Court observed that the Amicus should closely scrutinize it and, if necessary, recommend the inclusion of a representative from the Central Ground Water Authority (CGWA) in the proposed Sikkim State Authority.

The Bench, however, clarified that the final decision lies with the State Government.

Reiterating its emphasis on continuous oversight, the Court maintained that inspections must continue irrespective of the draft legislation’s provisions.

Case Title: In Re – Discharge of Effluents by Pharma Companies Situated at Singtam