Shri. Tenny Dard M. Marak vs Chayapani on 15 July, 2026

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    Meghalaya High Court

    Shri. Tenny Dard M. Marak vs Chayapani on 15 July, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                          2026:MLHC:737-DB
    
    
    
    
    Serial No. 03
                              HIGH COURT OF MEGHALAYA
    Daily List
                                     AT SHILLONG
    
    
            PIL No. 1 of 2024
                                                       Date of order: 15.07.2026
            Shri. Tenny Dard M. Marak
                                                                    ...Petitioner
    
                                          - versus -
    
            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.
    
    
    
    
                                                                             Page 1 of 6
                                                2026:MLHC:737-DB
    
    
    
    
    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

    SPONSORED

    violation of permissible limits of load as prescribed under the

    Motor Vehicles Act and rules framed thereunder and as such,

    Page 2 of 6
    2026:MLHC:737-DB

    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

    Page 3 of 6
    2026:MLHC:737-DB

    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.

    Page 4 of 6

    2026:MLHC:737-DB

    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

    Page 5 of 6
    2026:MLHC:737-DB

    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
    
    
    
    
    Signature Not Verified                                                                  Page 6 of 6
    Digitally signed by SYLVANA
    LIZ KHARBHIH
    Date: 2026.07.20 16:11:03 IST
    



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