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2016 Supreme(Sikk) 11

SUNIL KUMAR SINHA, MEENAKSHI MADAN RAI
Zangpo Sherpa – Appellant
Versus
Government of Sikkim – Respondent


Advocates Appeared:
For the Appellant : Party-in-Person.
For the Respondents:J.B. Pradhan, Additional Advocate General, S.K. Chettri and Pollin Rai, Assistant Government Advocates.

JUDGMENT :

Meenakshi Madan Rai, J.

1. The genesis of this Petition under Article 226 of the Constitution of India lies in the tragic death of an eleven year old school going girl who went swimming in the river Teesta in the afternoon of 18-04-2014. The Dam upstream, reportedly released water suddenly into the river, resulting in a swollen river, rendering the child helpless and unable to cope, as a consequence of which she drowned.

2. The matter came to be reported in a local English Daily of Gangtok, East Sikkim, on 19-04-2014, which prompted the then Executive Chairman, Sikkim State Legal Services Authority (for short "SSLSA"), to issue a letter giving directions to Shri Zangpo Sherpa, a Panel Advocate of the SSLSA, to assist the aggrieved family with regard to grant of compensation, redressal of grievances, and if necessary, to file a Public Interest Litigation (for short "PIL") in this Court against the negligence of the Respondents, more especially, Respondent No. 3, the National Hydroelectric Power Corporation (for short "NHPC"), Teesta Stage (V), which was responsible for construction of the Dam. Complying with the directions contained in the letter, the Learned Advocate being






















































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