Dealing with the issue of disaster preparedness for 40 glacial lakes of critical importance, the Sikkim High Court has asked the State and Central Governments to immediately take steps towards procuring and installing early warning systems to prevent any calamity. The High Court has sought a response from the State Government on the steps taken by it on the “Mero Alaichi, Mero Dhan” (My Cardamom, My Wealth) mission.

The High Court also asked the State to take proactive steps towards taking control of the high-risk and critical glacial lakes at the earliest.

The Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan stated, “We persuade the State Government as well as the Central Government to immediately take steps towards procuring and installing such early warning systems to prevent a recurrence of a calamity like the one that struck Sikkim in October, 2023. The State Government may respond to action taken towards the acquisition of such systems by the next posting.”

Senior Advocate Doma T. Bhutia represented the Petitioner, while Additional Advocate General Aarohi Bhalla represented the Respondent.

Factual Background

In the Notification No.72/HOME/2024 dated September 11, 2024, issued by the Home Department annexed to the reply affidavit filed on behalf of the Sikkim State Disaster Management Authority (SSDMA), it was stated that as per the report of the National Disaster Management Authority, Sikkim has 40 high risk glacial lakes. The affidavit reported about studies undertaken on the various lakes in Sikkim. The Amicus Curiae had suggested that keeping in mind the precautionary principle, disaster preparedness and the objective of anticipatory climate resilience, a State Nodal Officer for the protection of glacial lakes should be appointed within the SSDMA to oversee disaster preparedness for the said 40 glacial lakes of critical importance.

Reasoning

The Bench took note of the suggestion of the Amicus that a Nodal Officer should be an Officer of sufficient senior rank, preferably drawn from the Indian Administrative Service/Indian Forest Service/Indian Police Service having rich prior experience in disaster management and flood control initiatives, with excellent leadership and a quick-thinking approach. It was also suggested that the Nodal Officer would be required to multi-task and address the concerns and the comprehensive threat of GLOFs in the State of Sikkim.

The Bench stated, “While we are in agreement with the suggestion of the Amici Curiae we are of the opinion that the State should be given an opportunity to consider the above suggestion and take pro-active steps if not already taken towards taking control of the high risk and critical glacial lakes at the earliest. The State may file their response by next posting.”

The Bench considered the fact that certain Indian States, i.e. Himachal Pradesh, Uttarakhand and Bhutan have already installed early warning systems for mitigating GLOF disaster risk. It was further suggested to the Bench that while the study undertaken by the State Government is comprehensive and notifications constituting a High Level Steering Committee and a Multi-Disciplinary Task Force, as well as the Sikkim Commission on Glacial Hazards have already been issued, the State should also apprise this Court of the steps taken by these Committees and the Commission. “We are inclined to accept this suggestion and request the State to file a response by the next posting”, it added.

Reference was made to an article about the article published in The Economic Times Sikkim’s raising the issue of failing of cardamom plantation due to changing weather. Taking note of the State Government’s “Mero Alaichi, Mero Dhan” (My Cardamom, My Wealth) mission, which aims to change this, the Bench sought a response from the State Government on the steps taken by them on this initiative.

The matter has now been listed on November 18, 2026.

Cause Title: In Re- Climatic Justice in the State of Sikkim (Case No.: WP(PIL) No.11 of 2026)

Appearance

Petitioner: Senior Advocates Doma T. Bhutia, T. R. Barfungpa, Advocates Sudhir Mishra, Ritwika Nanda, Petal Chandhok, Aadya Sharma, Saurav Rai, Sonam Topden Bhutia, Parvin Manger

Respondent: Additional Advocate Generals Aarohi Bhalla, Zangpo Sherpa, Government Advocate S. K. Chettri, Assistant Government Advocate Sujan Sunwar, Deputy Solicitor General of India Sangita Pradhan, Advocates Natasha Pradhan, Amit Kumar Sharma, Rahul Rathi, Sachina P.Y. Subba

Click here to read/download Order


Sikkim High CourtChief Justice A. Muhamed MustaqueJustice Bhaskar Raj Pradhan

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.