Truck Overloading: Meghalaya High Court Directs State To Conduct 2-Hour 'Incognito' Inspections On Weighbridges During Peak Traffic

While hearing a Public Interest Litigation (PIL) concerning State Government's inaction and mismanagement in operation of 28 weighbridges across the state, the Meghalaya High Court on Thursday (December 5) directed two-hour incognito checks on these bridges during peak vehicular traffic. A division bench of Chief Justice IP Mukerji and Justice W Diengdoh, at the outset however said that Court needs to be very careful in dealing with public interest litigation of this kind. It said that the Court should refrain from interfering in normal administrative activities of the government. It further said that normally, courts should intervene only in cases of "gross failure of the administrative machinery causing injury to the public at large who are unable to obtain any redress except with the intervention of the Court". Observing that this dividing line should be "strictly maintained", the bench said that otherwise the separation of powers between the executive and judiciary would disappear and the judiciary would be performing administrative functions. Noting that a plea on the issue was entertained and disposed of by the court where it had expressed hope for improved management of overloaded vehicles, the court went on to admit the present plea and passed the following interim order:"(i) A spot inspection for two hours will be conducted by the respondents, in the presence of the petitioner or his representative, in each of the weighbridges at checkpoints on one day at the time when vehicular traffic is the greatest. Such inspection shall be incognito, that is to say without making any public announcement. We clarify that only the petitioner is to be informed who shall keep the inspection secret. The petitioner shall not conduct any inspection but shall be present only.(ii) Any overloading fee, charges, revenue, etc. realised out of such inspection shall be stated in a report and submitted before the Court. The report shall be signed by the Commissioner of Transport. On the basis of this report, the Court shall decide any further steps to be taken in furtherance of this PIL. The report is to be submitted by 10th February, 2025."The petitioner, a self-described social worker, raised concerns about alleged government inaction and mismanagement regarding the operation of 28 weighbridges in Meghalaya. The primary issue revolves around potential revenue loss due to these weighbridges' non-functioning or suboptimal performance. Citing the Comptroller and Auditor General (CAG) Report (Revenue Sector) for the year ending March 31, 2022, the petitioner highlighted an estimated revenue loss of ₹23.75 crore, including overloading fees, cess, royalties, fines, and rents.Refuting the petitioner's allegations, the Government Advocate for the respondents emphatically submitted that these reports do not depict the current state of affairs. They informed all 28 weighbridges are fully functional, and there is no loss of revenue at allThe matter is next listed on February 12, 2025.Case Title: Tenny Dard M. Marak Vs. State of Meghalaya & ors, PIL No.1/2024Counsel for Petitioner : Dr. P. Agarwal, Adv Counsel for Respondents : Mr. N. Syngkon, GA with Mr. J.N. Rynjah, GAClick here to read/download the order

Truck Overloading: Meghalaya High Court Directs State To Conduct 2-Hour 'Incognito' Inspections On Weighbridges During Peak Traffic

Yash Mittal

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