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Judgment
This original application is registered in suo-motu exercise of power on the basis of the newspaper item published in “East Mozo” dated 05.10.2023 titled “Sikkim: Here’s why the Chungthang Hydro-dam breach is a BIG DEAL”
As per the said newspaper report, the glacial lake out-burst of South Lhonak Lake in North Sikkim, had caused flood in Teesta River leading to several death and destruction. In this incident, about 5.08 million cubic meters of water was released from hydro reservoir affecting mountains and communities. As per the reports, major flooding in Chugthang caused significant damage to public properties and structures on river bed. There was a breach of stringent safety measures and there is a potential risk associated with some of the large-scale infrastructure projects, which require robust disaster preparedness.
Power of the Tribunal to exercise suo-motu power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Learned Advocate General appearing for the State of Sikkim has sought short adjournment to place on record the cause of incident, the remedial measures which have been taken and which can be taken to prevent such incidents in future. He also undertakes to place on record the number of persons who have died in the incident and the scheme of the State to pay to their families adequate compensation.
Learned Counsel appearing for the Respondent No. 3 has also sought time to place on record a detailed report in this regard.
Advance notices have already been served to the following who are impleaded as respondents in the matter:
i. State of Sikkim (through its Chief Secretary)
ii. National Hydroelectric Power Corporation (through its Chairman & Managing Director)
iii. Sikkim Urja Limited, Bend-20, Admin Block, Teesta-III Power House Site, Ringdang-Singhik, Mangan, Sikkim
Let the report by the respondents be filed within six weeks before the Eastern Zone Bench, Kolkata.
Since the matter relates to the Eastern Zone Bench, Kolkata, therefore, the OA is transferred to the Eastern Zone Bench, Kolkata for appropriate further proceedings. The Registry is directed to transfer the record of this matter to Eastern Zone Bench, Kolkata.