PIL/1/2024 of TENNY DARD M. MARAK Vs THE STATE OF MEGHALAYA AND 11 ORS. on 15 July 2026

1. The State of Meghalaya represented by Chief Secretary to the Government of Meghalaya, Shillong.

2. The Commissioner and Secretary, Revenue and Disaster Management Department, Government of Meghalaya, Shillong.

3. The Commissioner and Secretary, Mining and Geology Department, Government of Meghalaya, Shillong.

4. The Commissioner and Secretary, Transport Department, Government of Meghalaya, Shillong.

5. The Director of Mineral Resources, Government of Meghalaya, Shillong.

6. Commissioner of Transport, Government of Meghalaya, Shillong, Meghalaya.

7. Superintendent of Police, West Khasi Hills District, Nongstoin.

8. Officer-in-charge, Dalu Police Station, Barengapara, West Garo Hills District, Meghalaya.

Serial No. 03 Daily List

9. In-charge, Athiabari Police Out-Post, West Khasi Hills District, Meghalaya.

10. DMR In-charge, Athiabari/Porlakait DMR Check Point, West Khasi Hills, Meghalaya.

11. In-charge, Transport Check Point cum Weigbridge, Athiabari/Porlakait DMR Check Point, West Khasi Hills, Meghalaya.

12. In-charge, Transport Check Point cum Weighbridge, Dalu Chayapani, West Garo Hills District, Meghalaya. ...Respondents

Coram:

Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner : Dr P. Agarwal, Adv.

For the Respondents : Mr A. Kumar with

Mr N. Syngkon, GA

Mr J.N. Rynjah, GA

i) Whether approved for Yes/No

reporting in Law journals etc.:

ii) Whether approved for publication

in press: Yes/No

JUDGMENT: (per the Hon’ble, the Chief Justice) (Oral)

By this petition, the petitioner is essentially aggrieved by the illegal transportation of overloaded coal vehicles in gross violation of permissible limits of load as prescribed under the Motor Vehicles Act and rules framed thereunder and as such, seeks a direction to install weigh pads at all checkpoints, at the earliest, so as to prevent illegal transportation through overladen vehicles; seeks installation of CCTV cameras; signages, etc. In addition to the aforesaid, the petitioner also prays for compliance of all the rules and regulations/Acts, governing the subject matter and the directions given by the Supreme Court from time to time.

2. Several orders came to be passed in the aforesaid petition from time to time. Pursuant to some of the directions, CCTV cameras were installed at the weighbridges, so were the signages put up at all sites. Infact, on 21.04.2026, we passed the following order: “Pursuant to the order dated 15th April, 2026, the petitioner visited some of the weighbridges. Protection was given to the petitioner as directed, for his to-and-fro visit to the weighbridges. Pursuant thereto, learned counsel for the petitioner has tendered an affidavit of the petitioner placing on record what was seen by the petitioner, at the weighbridges on his visit. The said affidavit is taken on record.

2. Mr A. Kumar, learned Advocate General appearing for the respondent-State has also tendered a status report on behalf of the Commissioner of Transport dated 21st April, 2026. The said report is taken on record.

3. During the course of the argument, Mr Kumar, learned Advocate General submitted that he will take instructions, as to whether more CCTV cameras can be installed at strategic places, so as to capture points where vehicles are weighed and at other places.

4. Having regard to what is annexed in today’s affidavit by the petitioner i.e., photographs from pages 23 to 26, learned Advocate General assures that the Commissioner of Transport Department will take appropriate steps to ensure that the trucks passing through the weighbridges have the requisite certificates /challans/fitness certificates to ply the said vehicles/dumpers as well as have all requisite papers/documents/licence to carry stones/minerals. Learned Advocate General further assures this Court, that steps will be taken against vehicles coming for weighing to the weighbridges and verification will be done whether the vehicles have High Security Registration Plates, fitness certificates/other documents showing worthiness of the vehicles to ply and that they have a valid challan. Learned Advocate General also assures that proper signages will be displayed wherever the weighbridges are functional/ located at all strategic places, so as to make people aware of the operational/functional weighbridges. Statement accepted.

5. We make it clear, that if vehicles are found not having the requisite challans/documents, it would be open for the authorities to take appropriate action/seize the said vehicles, including the boulders/minerals therein, in accordance with law.

6. Further status report to be submitted on the next date.

7. Learned Advocate General to inform this Court with respect to the vehicle numbers mentioned at page 28 at Sl.Nos. 1, 13 and 19 in today’s status report. When page 28 of the report, Sl.No. 13 was brought to the notice of the learned Advocate General, he submitted that he will take instructions and that an inquiry will be conducted to look into the ambiguity therein.”

3. Today, learned Advocate General submits that all the weighbridges are functional; CCTV cameras have been installed; signages have also been installed and that the Commissioner, Transport Department has taken appropriate steps to ensure that the trucks passing through the weighbridges have the requisite certificates/challans /fitness certificates to ply the said vehicles/ dumpers as well as all requisite papers/documents/licence to carry stones/minerals. Learned Advocate General further informs that steps have been taken and will continue to be taken against vehicles coming for weighing to the weighbridges and verification will be done whether the vehicles have High Security Registration Plates, fitness certificates and other documents showing worthiness of the vehicles to ply and that they have a valid challan. Learned Advocate General further submits that all rules and regulations/Acts governing the weighbridges will be complied with by the authorities concerned, including the guidelines given by the Apex Court governing the same.

4. In view of the aforesaid, since as of today, the grievance of the petitioner does not survive, the petition stands disposed of.

(W. Diengdoh) (Revati Mohite Dere)

Judge Chief Justice

2026:MLHC:737-DB Digitally signed by SYLVANA LIZ KHARBHIH Date: 2026.07.20 16:11:03 IST Signature Not Verified