Meghalaya High Court Directs State To Respond On Weighbridge Irregularities & Revenue Loss
The Meghalaya High Court, in a Public Interest Litigation (PIL) has directed the Principal Secretary, Transport Department, to scrutinise the response of the petitioner and file a counter affidavit by 5th July, 2025.
The PIL, filed by Tenny Dard M. Marak against the State of Meghalaya, concerns the “operation of weighbridges across the State“. The Bench noted the allegations of the petitioner, 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“. This situation, according to the Petitioner, has “caused a loss of ₹640 crores of revenue to the government“.
A Division Bench of Chief Justice IP Mukerji and Justice W Diengdoh held, “We are of the view that the revenue loss element is very important for this litigation.”
Advocate P. Agarwal appeared for the Petitioner, while Government Advocate N. Syngkon represented the Respondents.
Brief Facts
The counter affidavit is to deal with the allegations, serving a copy thereof upon the petitioner before the next date of hearing fixed. The government is also to take action in terms of the said allegations, if found by it to be true.
Court’s Reasoning
The High Court’s order highlighted the allegations made by the Petitioner, stating that the “irregularities/shortcomings on the part of the Commissioner are (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.“
Regarding inter-country transit between Bhutan, India, and Bangladesh, 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.”
Consequently, the Court ordered, “We direct the Principal Secretary, Transport Department to properly scrutinize this response of the petitioner and file a counter affidavit in this Court by 5 th 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.”
Accordingly, the High Court listed the matter for further consideration on 7th July, 2025.
Cause Title: Tenny Dard M. Marak v. State of Meghalaya & Ors. (PIL No.1/2024)
Appearance:
Petitioner: Advocate P. Agarwal
Respondents: Government Advocate N. Syngkon; Advocate J.N. Rynjah
