Meghalaya High Court Calls For State's Response In Plea Raising Objections To Operation Of Weighbridges Across State
The Meghalaya High Court recently asked the State Government to file a Counter Affidavit regarding the allegations made in a PIL raising various issues about operation of weighbridges across the State of Meghalaya. The division bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh further asked the State Government to take actions terms of the said allegations, if found by it...
The Meghalaya High Court recently asked the State Government to file a Counter Affidavit regarding the allegations made in a PIL raising various issues about operation of weighbridges across the State of Meghalaya.
The division bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh further asked the State Government to take actions terms of the said allegations, if found by it to be true.
The Court was hearing a PIL about the operation of weighbridges across the State. The allegations made by the petitioner was that there is absence of required number of weighbridges in many places, illegality committed by government officials at the 28 weighbridges which are said to be operational by it, including the involvement of those officials in causing overloaded goods vehicles to cross the weighment area without weighment, with impunity. It was further alleged that this apart from anything else has caused a loss of Rs. 640 crores of revenue to the government.
Vide its order dated May 16, the Court had asked the petitioner to respond to a report filed by the State further to an earlier order that it had carried out inspection in 24 weighbridges and in none of them any overloaded truck was found to pass.
The petitioner through his response seriously challenged the report filed by the State. The petitioner raised the following points through his rejoinder response:
(i) Total absence of weighbridges at vantage points;
(ii) In quite a few of them, there is no facility to weigh the load carried by the truck. It is simply done manually and, in most cases, incorrectly;
(iii) Goods are passing to Bangladesh without any proper weighment. The weighment facility at Dalu weighbridge located at Chaipani, Dalu can only weigh 10 wheeler trucks whereas, those entering India from Bhutan are 12 wheelers. These trucks cannot be weighed.
As far as inter-country transit is concerned between Bhutan, India and Bangladesh, the Counsel for the State submitted that the goods are in transit according to the treaty between the three countries and the Indian government cannot act except according to the terms of the treaty. They have limited powers with respect of those goods.
The Court noted that the revenue loss element is very important for the present litigation.
“We direct the Principal Secretary, Transport Department to properly scrutinize this response of the petitioner and file a counter affidavit in this Court by 5th July, 2025 dealing with the allegations serving a copy thereof upon the petitioner before the next date of hearing fixed. The government is to take action in terms of the said allegations, if found by it to be true,” the Court directed.
The PIL is listed again on July 7.
Case Title: Tenny Dard M. Marak v. State of Meghalaya & Ors.
Case No.: PIL No. 1/2024