Sikkim High Court calls for extension of Building Regulations across State

BIJOY GURUNG

Two PILs bring focus on unchecked construction, tourism pressure and ecological vulnerability

GANGTOK,: The High Court of Sikkim has called for extending the existing building regulations across the entire State to bring construction activities under a proper regulatory framework, expressing concern over the unchecked proliferation of hotels and other structures in remote areas and villages without adequate regulatory oversight.

The issue came up in two separate suo moto Public Interest Litigations (PILs) heard by a division bench of the High Court of Sikkim comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan on October 28.

While one PIL concerns tourism infrastructure and traffic management in Sikkim, the other deals with the accumulation of garbage and waste in farmland. Both proceedings brought into focus the need for effective regulation of building construction across the State.

It was submitted to the court that the application of the Sikkim Building Construction Regulation 1991 remains confined to Gangtok rather than extending Statewide. This came up during the hearing on the PIL concerning waste management.

“Extending these building regulations across the entire State would have provided a regulatory mechanism to address many of the issues currently before this Court. As noted, hotels and other structures are emerging unchecked in remote areas and distant villages without regulatory oversight. Lacking appropriate regulations, the rapid and unmonitored proliferation of hotels and buildings poses significant risks to the local environment and ecology, potentially triggering other disasters,” observed the division bench.

The court also expressed concern over the structural stability of buildings being constructed in the State, taking into account its ecologically fragile terrain.

It is appropriate for the State to extend the building’s regulation to the entire State as to regulate constructions of the buildings and bring it in confirmative Acts and Rules, said the division bench.

The State Additional Advocate General assured the court to inform the government’s stand at the next hearing, scheduled on November 25.

The issue of building regulations also figured in the PIL concerning tourism infrastructure and traffic management, where the High Court of Sikkim examined the larger question of the State's carrying capacity amid increasing tourist arrivals and construction activities.

Noting that more than 20 lakh tourists had visited Sikkim in the previous year, the court observed that more and more buildings were coming up in the State and might be violating the existing Building Rules, which is operational presently only the State capital.

“More than 20 lakhs tourists have visited Sikkim in the last year. More and more buildings are coming up in the State and might be violating the Building Rules. The Building Rules imposed in the State are only to regulate the construction of the buildings in Gangtok and never addressed the capacity of the area in Gangtok or other places in which the buildings are being constructed,” said the division bench.

In this connection, the court suo motu impleaded the Govind Ballabh Pant National Institute of Himalayan Environment, Sikkim Regional Centre, Pangthang, to explore the possibility of conducting a study on the carrying capacity of the State.

Both PILs have been listed for further hearing on November 25.