Sikkim High Court warns IRCON to fix NH 10 drainage issues or face liability

GANGTOK,: The High Court of Sikkim has sternly directed the IRCON authorities to take immediate corrective measures to address their project’s construction-related issues that are adversely affecting the NH 10 drainage systems, thus endangering road stability.

“Failure to comply with the Court’s direction will result in personal liability being imposed upon all concerned officers/employees of IRCON as well as its contractors/sub-contractors, since it is palpably evident that public interest is being compromised due to IRCON’s sheer callousness and negligence,” said the division bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai.

The division bench was passing the order during a PIL hearing on June 5 where Amicus Curiae Tashi Rapten Barfungpa had submitted his recent inspection report on NH 10, the principal route connecting Sikkim and Kalimpong with the rest of the country.

Running alongside the NH 10 is the under-construction Sevoke-Rangpo railway line project which consists of multiple tunnels and bridges. The around 45-km railway project is nearing completion under IRCON (Indian Railway Construction International Limited).

As per the Amicus Curiae’s report, the access points constructed for the IRCON project sites are adversely affecting the drainage systems of NH 10. These access roads/points have caused choking of drains due to debris accumulation; overflowing of liquid muck and slush onto the highway surface; and blocked culverts thereby endangering road stability.

In such circumstances, this Court directs the concerned authorities of the IRCON to immediately coordinate with NHIDCL and take corrective action to address all the issues as stated above and implement preventive measures in order to avoid future damages, said the High Court of Sikkim.

The matter has been listed on June 26 for further consideration.

As directed by the High Court of Sikkim, Tashi Rapten Barfungpa, the Amicus Curiae in the PIL of 2010, has been conducting field visits with concerned officials and submitting reports regularly to the court regarding the status of NH 10.

The highway suffered extensive damages during the Teesta River flash flood of October 2023 and is presently under the maintenance of NHIDCL. Since the flash flood, NH 10 has been exposed to further road subsidence and washouts as the morphology of Teesta River has undergone major changes. The stretch from Melli to Teesta bazaar is particularly vulnerable as the river levels rise considerably due to heavy siltation when heavy rains occur upstream. During the 2024 monsoon, the highway was practically closed for more than three months with major road stretches washed away or inundated with the river water.

After the highway was transferred to NHIDCL last October, the Central agency has been undertaking road strengthening and protective works at the vulnerable stretches. These works have led to restriction of vehicular movement along the highway on certain occasions.