ATHUP LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS is a writ petition filed in the form of a Public Interest Litigation (in short "PIL") seeking to challenge the ongoing 1200 MW Teesta Stage III Hydroelectric Project (in short "Project") by M/s. Teesta Urja Ltd. (in short "TUL"), respondent no.9, in Chungthang and Mangan Sub -Divisions of North Sikkim, inter alia, for having violated the provisions of Land Acquisition Act, 1894, (in short "LA Act") in acquiring Reserve Forest Land for the Project, commencing with the Project work without obtaining the necessary clearances under the Forest (Conservation) Act, 1980, and the Environment (Protection) Act, 1986, by the respondents.

(2.) THE petitioner is a Member of the Lepcha Tribal Community and claims by profession to be an agriculturist and a social worker working for the benefit and upliftment of the people in general and is also a Member of a forum called Affected Citizens of Teesta (in short "ACT"), an organization said to be working for the cause of environment protection and preservation of forests situated in the villages of the North District of Sikkim. The respondents no.1 to 5 are the State of Sikkim represented by the Chief Secretary and other authorities under the Government of Sikkim. The respondent no.6 is the Union of India through the Ministry of Environment and Forest (in short "MoEF") and the respondent no.7 is the Managing Director, Sikkim Power Development Corporation Ltd. (in short "SPDC") while the respondents no.8 and 9 are the Managing Directors of Athena Projects Private Limited and TUL respectively.

(3.) IN the counter -affidavit filed on behalf of all the State -respondents through the Chief Secretary, for and behalf of the other authorities, namely, respondents no.2, 3, 4, 5 and 7, all material allegations set out in the writ petition have been categorically denied. At the outset, they have raised the following preliminary objections: -