NGT Upholds Environmental Clearances, Dismisses Plea to Halt Gangtok Car Park Project - 2025-04-05

NGT Dismisses Plea to Scrap Gangtok Multi-Level Car Park Project, Citing Regulatory Compliance

Kolkata, [Date of Judgement + 1 day] – The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, has dismissed an application seeking to halt the construction of a 14-storey multi-level car parking cum commercial development project in Gangtok , Sikkim . The tribunal, comprising Hon’ble Mr. Justice B. Amit Sthalekar (Judicial Member) and Hon’ble Dr. Arun Kumar Verma (Expert Member), ruled on February 28, 2025, that the project had adhered to environmental regulations and possessed the necessary clearances, thereby rejecting the applicant's plea.

The application, filed by Dr. Bina Basnett , aimed to scrap all construction projects in Sikkim deemed detrimental to the state's fragile ecology. Specifically , it sought an immediate stop to the Gangtok car park project and the revocation of its construction permissions. The respondents included the State of Sikkim , Gangtok Smart City Development Limited, various state government departments, the State Environment Impact Assessment Authority (SEIAA), and West Point Infrastructure Private Limited, the project developer.

Applicant's Arguments: Zoning Violations and Environmental Risks

Represented by Mr. Pratap Shanker, Advocate, Dr. Basnett argued that the 14-storey structure violated the Sikkim Department of Mines and Geology notification of March 19, 2021, which limits building heights in Stability Zone-1 to 5 ½ storeys. The applicant contended that the project, located in this zone, posed significant environmental risks in earthquake-prone Gangtok , citing historical seismic events and the fragile Himalayan ecosystem. Concerns were also raised about the obstruction of Mount Kanchenjunga views and the lack of proper seismic studies and Load Impact Assessments.

Respondents Defend Project: Regulatory Approvals and Expert Backing

The respondents, represented by a team of senior counsels including Mr. Pinaki Misra , Mr. A.D.N. Rao, and Mr. Sanjay Upadhyay, along with the Advocate General for Sikkim , Mr. Basava Prabhu S. Patil, countered by stating that the project had obtained all necessary Environmental Clearances (EC) and Consent to Establish (CTE). They emphasized that the Government of Sikkim , exercising its powers under the Sikkim Building Construction Regulations, 1991, had relaxed building height restrictions for this project, considering its public utility and strategic importance for Gangtok 's Smart City initiative.

The respondents presented detailed Geological and Geo-Technical Investigation Reports, vetted by Jadavpur University and IIT Guwahati , which affirmed the site's stability and load-bearing capacity. These reports indicated that the soil's corrected 'N' value exceeded the threshold requiring specific seismic studies under IS-1893, and the foundation load was well within the site’s bearing capacity. They also highlighted that the project site was outside the Eco-Sensitive Zone of the Fambonglho Wildlife Sanctuary.

Tribunal's Rationale: Expert Reports and Regulatory Compliance Prevail

The NGT, after considering arguments and evidence, found no merit in the applicant's claims. The tribunal acknowledged the applicant's environmental concerns but emphasized that the project had undergone rigorous scrutiny and secured necessary approvals.

The judgment highlighted key excerpts demonstrating thorough assessments:

> "In this view of the matter, we find absolutely no error in the remarks of SPA Consultants dated 30.12.2021 (page 1984 of the paper book) that if the soil corrected N value is more than 15 then specific seismic studies are not required. The same letter of the SPA Consultants mentions that Gangtok Average N Value is 22 and therefore as per IS-1893 Specific Seismic Studies are not required."

> "From the Geological and Geo-Technical Investigation Report we find that the Load Bearing Capacity of the ground at the site in question is 46.50 T/Sqm. at a depth of 4.50m. ... The Department of Mines and Geology, Gangtok , Notification dated 19.03.2021, for Stability Zone-1 prescribes the Load Bearing Capacity of higher than 35 T/sqm."

The Tribunal upheld the State Government's authority to relax building regulations under Regulation 39 of the Sikkim Building Construction (Amendment) Regulations, 2001, noting the cabinet's approvals for both the initial 11-storey and subsequent 14-storey designs. The NGT observed that the applicant had not challenged the Environmental Clearances granted to the project and that expert reports confirmed seismic safety and structural integrity.

Decision and Way Forward

Ultimately, the NGT dismissed the Original Application, concluding that the applicant failed to substantiate violations of environmental laws or demonstrate environmental degradation. While dismissing the plea, the Tribunal recommended a proactive measure:

> "We are of the opinion that a technical Consortium of Jadavpur University, IIT, Roorkee and Wadia Institute of Himalayan Geology with members nominated by respective Head of these Institutions should be in place to examine the technical stability annually. The State of Sikkim should make necessary arrangements in this regard."

This recommendation underscores the NGT's emphasis on continuous monitoring and expert oversight to ensure the project’s long-term environmental and structural safety in the sensitive Himalayan region. The tribunal found no grounds to intervene in the project, allowing it to proceed as per regulatory approvals, while advocating for ongoing vigilance and expert guidance.