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

Biswanath Somadder, CJ

Pursuant to our orders dated 04th March, 2025 and 18th March, 2025, we have now before us a total of five (05) affidavits.

The first affidavit is the compliance report filed on behalf of the respondent no. 1, i.e., the Secretary, Ministry of Road Transport and Highways (MoRTH), Government of India. The second affidavit contains a report filed on behalf of the respondent no. 15, i.e., PWD, State of West Bengal. The other three (03) affidavits contain three (03) several compliance reports filed on behalf of respondent no. 7, i.e., the Chief Secretary, Government of Sikkim.

So far as the affidavit containing the compliance report filed on behalf of respondent no. 1, i.e., the Ministry of Road Transport and Highways (MoRTH), Government of India, is concerned, we direct the learned Additional Advocate General of Sikkim to examine the same and respond on the next date. Similarly, we direct the learned Deputy Solicitor General of India to examine the affidavit containing the report filed on behalf of respondent no. 15, i.e., PWD, State of West Bengal and respond on the next date. So far as the three (03) several affidavits filed on behalf of the Chief Secretary, Government of Sikkim, is concerned, the learned Amicus shall go through them and respond on the next date.

During the course of hearing, we requested the Project Director of National Highways & Infrastructure Development Corporation Limited (who was present in Court), to apprise us with regard to the steps being taken by NHIDCL, pursuant to taking over of the stretch of road between Sevoke (West Bengal) and Rangpo (West Bengal-Sikkim border) on 26th December, 2024.

The answer which we got from her does not inspire confidence of this Court with regard to the only arterial road connecting Sikkim with rest of the country being fully repaired before the start of monsoon this year. The reason is, although she has referred to various steps being taken by NHIDCL to engage new contractors to do the repair work, she is unable to give a categorical assurance/undertaking before this Court that the repair work — particularly the stretch between Rangpo (Sikkim-West Bengal border) and Sevoke (West Bengal) — will be fully completed before this year’s monsoon. We must hasten to add that we are already at the end of March, 2025 and almost three (03) months have elapsed from the date of taking over of the above stretch of road by NHIDCL. This Public Interest Litigation (PIL) is of utmost importance to the people of this region since road connectivity between Sikkim and rest of the country is largely dependent on only one major road, that is, the arterial road, being NH-10.

In the circumstances, as stated above, we request the Secretary, Ministry of Road Transport and Highways, Government of India, who also happens to be the Chairperson of NHIDCL, to examine this important public issue, which is being flagged by us in this order and issue necessary instructions to all concerned so that the arterial road connecting Sikkim with rest of the country is fully repaired before the ensuing monsoon.

The learned Deputy Solicitor General of India is directed to forward a copy of this order immediately to the Secretary, Ministry of Road Transport and Highways, Government of India. The Secretary is at liberty to respond to this order through the learned Deputy Solicitor General of India on the next date.

The learned Deputy Solicitor General of India, while communicating this order to the Secretary, Ministry of Road Transport and Highways, Government of India, shall also flag the concerns raised by Mr. Jorgay Namka, learned Senior Advocate of this Court [who also happens to represent National Hydroelectric Power Corporation (NHPC)], in his personal capacity.

List this matter on 03rd April, 2025.