ORDER: (per the Hon’ble Chief Justice)

1. After today’s deliberations and hearing the learned Additional Advocate Generals for the State, the learned Deputy Solicitor General for respondent nos.13, 16, 18, 19 and 21 as well as the learned Amici Curiae Dr. Doma T. Bhutia and Mr. T.R. Barfungpa, learned Senior Advocates and Mr. Sudhir Mishra, learned Advocate, we are inclined to take up two issues at this stage for immediate consideration.

2. In the Notification No.72/HOME/2024 dated 11.09.2024 issued by the Home Department annexed to the reply affidavit filed on behalf of the Sikkim State Disaster Management Authority (SSDMA) on 30.10.2026, it is stated that as per the report of National Disaster Management Authority Sikkim has 40 high risk glacial lakes. The affidavit also reports about studies undertaken on the various lakes in Sikkim as indicated in the accompanying chart (Annexure-R3) thereto. The learned Amicus Curiae Mr. Sudhir Mishra has 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. It is also suggested that four additional Nodal Officers be appointed under the overall supervision of the Nodal Officer, each to be individually in-charge of the ten of the 40 glacial lakes of critical importance. The Nodal Officer should be the single point of contact for early warning measures, disaster preparedness, review of each glacier’s movements, the population affected and gathering of critical data from other Departments, Ministries and the Administration. It is further suggested that the 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 quick thinking approach. It is 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.

3. 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.

4. It is seen that certain Indian States i.e. Himachal Pradesh, Uttarakhand and Bhutan have already installed early warning systems for mitigating GLOF disaster risk. 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.

5. The learned Amicus Curiae has also suggested that the Secretary, Ministry of Earth Sciences, Government of India, Prithivi Bhawan, Opposite India Habitat Centre, Lodhi Road, New Delhi-110003 and the National Disaster Management Authority through its Secretary, NDMA Bhawan, A-1, Safdarjung Enclave, New Delhi-110029 to be impleaded as respondents. We implead the above parties as respondents. Let the learned Deputy Solicitor General of India take notice for the newly impleaded respondents.

6. Dr. Doma T. Bhutia and Mr. T. R. Barfungpa, the learned Amici Curiae suggested 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