Sikkim
,
Melli
,
South Sikkim
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Community members protest forest encroachment by a major pharmaceutical company in Sikkim
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2022
Year started
1
Land area affected
Households affected
People Affected
2022
Year started
1
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Pharmaceutical Industry
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In April 2022, community members gathered in Gangtok to protest the construction of a border wall by IPCA Laboratories Limited, a pharmaceutical company located in Melli Jorethang, in South Sikkim district. The protesting communities alleged that the pharma company had encroached on forest Khasmal land. In Sikkim, this type of land is owned by the government, but is leased to separate individuals for supporting livelihood related activities. The border wall was constructed along the banks of the Rangit river. The protestors also alleged that IPCA was causing pollution in the Rangit river by discharging effluents in it.

Som Bahadur Rai, a social activist, who is leading the campaign stated "We felt neglected by the government; such big companies are taking undue advantage of our land". Another social activist Passang Sherpa of Sikkmay Nagarik Samaj mentioned “Companies are looting us and our environment, there is also a lack of accountability on part of the government.”

According to a press release issued in April 2022 by the Government of Sikkim, the state's forest department officials had found IPCA Laboratories Limited was dumping muck illegally in forest areas in January 2022. However, following action taken by the forest department, the company stopped the illegal activity.

A team led by the Minister of the Department Forest and Environment, Karma Loday Bhutia, along with the officials of the state and officials from IPCA Pharmaceutical Company, South Sikkim, conducted an inspection of the area to examine the alleged encroachment. The illegal construction in the region was stopped, and representatives from the relevant departments formed a Joint Committee. Meanwhile the Vice President of IPCA, Sikkim Raj Jha also stated “We are fully cooperating with the state officials and investigation is going on. The area that has been alleged to be encroached by us is actually on lease for 99 years since 2008/09.”

State Forest Department held a press meet which was addressed by multiple state officials. They gave their word that any instances of illegal behaviour would be handled as per the Forest Act and other laws that are applicable in the area.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence, Other environmental services

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Emilo Yanthan

Sikkim

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Community members protest forest encroachment by a major pharmaceutical company in Sikkim

Reported by

Emilo Yanthan

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

April 17, 2023

April 20, 2023

Edited on

April 17, 2023

Sector

Industry

Reason or Cause of Conflict

Pharmaceutical Industry

Starting Year

2022

Land Area Affected (in Hectares)

1

ha

Households Affected by Conflict

People Affected by Conflict

State

Sikkim

Sector

Industry

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

1

ha

Starting Year

2022

Location of Conflict

Melli

South Sikkim

Reason or Cause of Conflict

Pharmaceutical Industry

Land Conflict Summary

In April 2022, community members gathered in Gangtok to protest the construction of a border wall by IPCA Laboratories Limited, a pharmaceutical company located in Melli Jorethang, in South Sikkim district. The protesting communities alleged that the pharma company had encroached on forest Khasmal land. In Sikkim, this type of land is owned by the government, but is leased to separate individuals for supporting livelihood related activities. The border wall was constructed along the banks of the Rangit river. The protestors also alleged that IPCA was causing pollution in the Rangit river by discharging effluents in it.

Som Bahadur Rai, a social activist, who is leading the campaign stated "We felt neglected by the government; such big companies are taking undue advantage of our land". Another social activist Passang Sherpa of Sikkmay Nagarik Samaj mentioned “Companies are looting us and our environment, there is also a lack of accountability on part of the government.”

According to a press release issued in April 2022 by the Government of Sikkim, the state's forest department officials had found IPCA Laboratories Limited was dumping muck illegally in forest areas in January 2022. However, following action taken by the forest department, the company stopped the illegal activity.

A team led by the Minister of the Department Forest and Environment, Karma Loday Bhutia, along with the officials of the state and officials from IPCA Pharmaceutical Company, South Sikkim, conducted an inspection of the area to examine the alleged encroachment. The illegal construction in the region was stopped, and representatives from the relevant departments formed a Joint Committee. Meanwhile the Vice President of IPCA, Sikkim Raj Jha also stated “We are fully cooperating with the state officials and investigation is going on. The area that has been alleged to be encroached by us is actually on lease for 99 years since 2008/09.”

State Forest Department held a press meet which was addressed by multiple state officials. They gave their word that any instances of illegal behaviour would be handled as per the Forest Act and other laws that are applicable in the area.

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Type of Common Land

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence, Other environmental services

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Forest (Conservation) Act, 1980
Section 2 [Restriction on diverting forest land for non-forest purposes without clearance from the union government]
Water (Prevention and Control of Pollution) Act, 1974
Section 25 [No person, without prior consent of State Pollution Control Board, to establish any industry which is likely to discharge sewage or trade effluent into water body]
Electricity Act, 2003
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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Violation of environmental laws

Non-consultation with stakeholders

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Department of Forest and Environment, Sikkim, State Officials

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Officials of Pharma major IPCA Pharmaceutical Company, South Sikkim

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Sikkim Progressive Youth Forum, Sikkmay Nagarik Samaj

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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