High CourtsDivision Bench(2026) 03 SIK CK 1284

Court On Suo Motu vs Secretary, Ministry Of Surface Transport And Ors

Sikkim High Court · Decided on 26 March 2026

HON’BLE JUDGES
A. Muhamed Mustaque, CJ · Meenakshi Madan Rai, J
CASE NUMBER
Writ Petition (PIL) No. 18 Of 2010

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Judgment

12 paragraphs · 291 words

A. Muhamed mustaque, CJ

The letter dated 07.02.2026 addressed to the Chief Justice by the President of Sikkim Indigenous Lepcha Tribal Association (SILTA) is received on record.

It is submitted by the State, by way of an affidavit, that a Committee has been constituted by Notification dated 12.02.2026. The District Collector is the Chairman, the Additional District Collector is the Member Secretary, and the learned Amicus Curiae is the Ex-Officio Member.

However, we notice that no meeting was convened despite the constitution of such Committee as early as on 12.02.2026.

The Committee ought to have convened a meeting immediately after its constitution. The learned Additional Advocate General, appearing online, assures that such a meeting will be convened shortly. We record his submission.

We also direct the Committee to hold a public hearing. It is not necessary that all the Members of the Committee be present at the hearing, however, at least the Additional District Collector, the learned Amicus Curiae, and other officials representing the department responsible for maintaining the road shall remain present. They shall streamline the issues faced by the public and shall deliberate on possible solutions and the action to be taken on such issues.

While deliberating, the letter addressed to the Chief Justice by the President of SILTA (supra) shall also be taken note of.

The action taken pursuant to such meeting shall be placed before this Court by next posting.

The affidavit filed by Respondent No.12 (NHIDCL) dated 23.03.2026 is permitted to be withdrawn.

The affidavit filed by Respondent No.12 (NHIDCL) dated 25.03.2026 is received on record.

The learned Amicus Curiae shall verify the compliance reported in the affidavit dated 25.03.2026 and submit his remarks on the next date of posting.

Stand over to 02nd April, 2026.