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

Biswanath Somadder, CJ

In our last order dated 04th March, 2025, we had issued certain directions upon the respondents which included, inter alia, a direction upon the concerned authority of the State of Sikkim to file a status report with regard to the present condition of roads, especially those in West Sikkim and the steps that are being taken to improve the condition of roads in that region. There were two other directions; one upon the State of West Bengal and the other upon the Union of India, through the Ministry of Surface Transport. So far as these latter two directions are concerned, no affidavit or report has been filed, till date, by the said respondents.

Insofar as the direction upon the concerned authority of the State of Sikkim to file a status report is concerned, the same has been filed yesterday, i.e., 17th March, 2025. Perusing the same, we notice that the Additional Chief Engineer, Roads and Bridges Department, Government of Sikkim, on behalf of the Chief Secretary, Government of Sikkim, in his compliance report, has annexed details indicating status of the condition of roads in Gyalshing and Soreng districts, which fall under the Roads and Bridges Department, Government of Sikkim. The status report, however, does not reflect upon the current status of the road from Legship to Tashiding via Rangit Bridge nor does it mention the current status of the road from Ravangla to Hingdam via Kewzing. In our order dated 04th March, 2025, we had never excluded the other districts. We had simply used the expression “especially those in West Sikkim”. It does not mean that the area of focus of this Court is confined only to West Sikkim. The Roads and Bridges Department, Government of Sikkim, should take notice of this. We, therefore, direct the concerned authority of the State of Sikkim to file another status report with regard to the present condition of roads in the districts other than those falling within West Sikkim. That apart, the status report should also clearly reveal the status of the roads indicated hereinabove. The status report shall also clearly specify the steps being taken by the Department concerned to improve the condition of those roads which are in a bad condition and the clear timeline required for repairing these roads. The same shall be filed on or before the next date of hearing.

We also direct the Chief Engineer, Roads and Bridges Department, Government of Sikkim, to hold a meeting with the Chief Abbot of Tashiding Monastery in order to ensure — if not a mettaled or bitumen surfaced road — building of a properly paved road which leads to the precincts of Tashiding Monastery from the main road so that those who have difficulty in climbing up to the Monastery can avail assisted transportation to reach the Monastery. That apart, the paved road can also be used for emergency purposes especially in case of medical emergencies and essential vehicular movements. The Chief Engineer, Roads and Bridges Department, Government of Sikkim, shall file a report before this Court based on the above directions on or before the next date.

So far as time for filing of an affidavit and the report by the State of West Bengal and the Union of India, through the Ministry of Surface Transport, respectively, in terms of our earlier order dated 04th March, 2025, is concerned, the same stand extended by one week.

List this matter for further consideration after a week.