In Re - Discharge Of Effluents By Pharma Companies Situated At Singtam Vs

This application has been filed by one Mrs. Ruth Karthak Lepchani, wife of late A. Halim, through her constituted Attorney, Jessie Yasmin Halim. In this application, the following prayers have been made:-

"a. Consider the instant application.

b. The Applicant may kindly be allowed to intervene for the limited aspect in the present Writ Petition (PIL) No. 12 of 2017;

c. Kindly recall the order dated 21.05.2018 passed by this Hon'ble Court in the instant matter and pass a necessary directions/order to the Office of the Member Secretary, Sikkim State Pollution Control Board and also to the Office of the District Collector, Gangtok for unsealing the building of the application situated at Bhanu Park, Chisopani, Singtam which was sealed under the order of this Hon'ble Court dated 21.05.2018.

d. Pass any order or orders as this Hon'ble Court deem fit and proper in the interest of justice."

Considering the facts and circumstances of the instant case and upon going through the pleadings as contained in the instant application, we are of the view that the applicant may be allowed to intervene for a limited aspect in the present writ petition, being WP (PIL) No. 12 of 2017. The limited aspect for intervening is for the purpose of recalling of the order dated 21st May, 2018, passed by this Court in the instant matter and for passing necessary direction to the office of the Member Secretary, Sikkim State Pollution Control Board and also to the office of the District Collector, Gangtok, for unsealing of the building of the applicant situated at Bhanu Park, Chisopani, Singtam, which was sealed under the order of this Court dated 21st May, 2018.

Since, the State has no objection with regard to granting the prayers as contained in the instant application, we dispose of the instant application with the following directions:-

(i) The order dated 21st May, 2018, passed by this Court in WP (PIL) No. 12 of 2017, shall stand recalled.

(ii) The office of the Member Secretary, Sikkim State Pollution Control Board and also, the office of the District Collector, Gangtok, shall unseal the building of the applicant situated at Bhanu Park, Chisopani, Singtam, which was sealed under the order of this Court dated 21st May, 2018.

The application is accordingly disposed of.