Meghalaya High Court
Tenny Dard M. Marak vs The State Of Meghalaya & Ors on 18 March, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 02
HIGH COURT OF MEGHALAYA
Daily List
AT SHILLONG
PIL No. 1 of 2024
Date of order: 18.03.2026
Tenny Dard M. Marak vs The State of Meghalaya & ors
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 K. Khan, AAG with
Mr N. Syngkon, GA
Mr J.N. Rynjah, GA
Pursuant to the order dated 2nd March, 2026, the State has
filed an affidavit of Shri A.M. Sangma, Commissioner of Transport
in the Transport Department, Government of Meghalaya.
2. Dr P. Agarwal, learned counsel for the petitioner states that
the approach of the Transport Department right from the
beginning has been extremely casual. She submits that despite
the order dated 15th December, 2025 passed by this Court, no
serious steps have been taken by the said Department with
respect to the non-functional weighbridges. She submits that the
direction vide order dated 15th December, 2025, was to complete
the whole process within eight weeks, which has not been
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complied with. She further submits that right from the beginning,
the approach of the Transport Department has been
lackadaisical, inasmuch as, there has been suppression of
information with respect to the weighbridges and now, non-
compliance of the direction of this Court. She further submits
that even the CAG report records reluctance on the part of the
Transport Department to provide information to the CAG
authority and that the CAG report reflects a huge loss of revenue.
3. Mr K. Khan, learned AAG submits that the Transport
Department has taken steps to ensure the repair of the
weighbridges. Mr Khan relied on the report filed by way of an
affidavit dated 17th March, 2026.
4. We may note, that this is a public interest litigation (PIL)
drawing the attention of this Court to the alleged misconduct on
the part of the Government officials in operating 28 weighbridges
across the State. The allegation of the petitioner is that overloaded
goods carrying vehicles are allowed to pass without proper
weighment causing loss of revenue, fees and charges to the State.
It appears from the orders passed by this Court that the State
was directed to carry out an inquiry into the matter by inspection
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of the weighbridges in the presence of the petitioner. The report
submitted by the Transport Department shows that none of the
24 weighbridges, any overloaded truck was found to pass. It
appears that the said statement made in the report of the
Transport Department was vehemently opposed to by the
petitioner. It was alleged by the petitioner that in the absence of
required number of weighbridges in many places, there was
illegality committed by Government officials at the 28
weighbridges which were operational. It was also alleged by the
petitioner that officials were involved in causing overloaded goods
vehicles to cross the weighment area without weighing the
vehicles, with impunity, thus, causing loss to the Government
exchequer to the tune of more than ₹600 crores.
5. Pursuant to the allegations made by the learned counsel
for the petitioner post the filing of the report by the Transport
Department, this Court constituted a three-member Committee.
The scope of the Committee was to inspect the weighbridges and
to submit its report. The said three-member Committee
submitted its report to this Court. From the said report, it
appears that out of 25 weighbridges, 6 weighbridges were non-
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functional. It also appears that the said report was prepared by
the three-member Committee on physical verification of the said
weighbridges. As recorded in one of the orders, the report
submitted by the three-member Committee supports the
contention of the petitioner with regard to the data disclosed by
the Transport Department regarding construction and
functioning of weighbridges in the State and the loss of revenue
by the Government. This Court noted that it is in the interest of
the State Government that all weighbridges should be made
functional at the earliest.
6. On 15th December, 2025, this Court in its order, in
paragraphs 2 to 5 noted as under:
“2. The said affidavit has disclosed the steps that have
been taken to identify a suitable place for the installation
of weighbridges. It appears that in respect of East Jaintia
Hills District of Ratacherra (Malidor), the weighbridge
remained non-functional since September, 2024 and only
on 20.11.2025, steps have been taken for repairing of entry
and exit road of the weighbridge. A request was made to
the Under Secretary to Serial No.4 Supplementary List Page
2 of 3 the Government of Meghalaya, Transport
Department, as per the estimate received from PWD and it
is assured that the weighbridge would be made functional
after complete repair of the approach road.
3. We direct the Transport Department to complete
the entire process for making the said weighbridge
functional positively within eight weeks from date.
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4. Insofar as the other weighbridges are concerned, there
are discrepancies in the affidavit read with the earlier
reports as pointed out by the learned counsel for the
applicant. However, the latest report filed has clarified the
shifting of the weighbridges and the present status of the
weighbridges. Apparently, the Transport Commissioner
has filed a report on 08.05.2025, which may not give a true
representation of the state of affairs of all the weighbridges
in the State, as would be revealed from the subsequent
reports filed in this regard.
5. The State should be careful in filing reports and
disclosing the steps taken with regard to functioning of the
weighbridges, as well as repair or construction of regular
weighbridges, as the case may be, in the report to be filed
on or before the next date of hearing and all future
proceedings.”
7. Today’s affidavit-cum-report submitted by Mr A.M.
Sangma, Commissioner of Transport in the Transport
Department, Government of Meghalaya, shows that the
Government vide letter dated 11th March, 2026, has instructed
the Chief Engineer, Shillong to start the work pertaining to repair
of Entry and Exit road of weighbridge located at Malidor
Ratacherra. From the report, it further appears that as far as
Wageasi weighbridge is concerned, tender was floated and the
successful bidder was given a Letter of Acceptance which has
been forwarded to the Government for its formal approval. From
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the Letter of Acceptance dated 3rd December, 2025, it appears
that the approval is still pending before the Government.
8. As far as Tikrikilla weighbridge is concerned, it appears
that tender was floated for supply, installation, testing and
commissioning of an electric lorry weighbridge at Tikrikilla
weighbridge, West Garo Hills on 9th September, 2025 and that
one Smti Adriana R. Marak, had emerged as the highest bidder.
It further appears from the affidavit-cum-report that Smti
Adriana R. Marak submitted an application which was received
by the Transport Department on 4th February, 2026, i.e., Letter
of Surrender and that the same has been intimated to the
Government vide letter dated 4th February, 2026 alongwith a
proposal for re-tendering of the said weighbridge. Thereafter,
there has been no progress with respect to the same.
9. As far as Bajengdoba weighbridge is concerned, it appears
that the tender was floated for the supply, installation, testing
and commissioning of an electronic lorry weighbridge on 9th
September, 2025, however, no tender bids were received. The
same was intimated to the Government vide letter dated 12th
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January, 2026 along with a proposal to re-tender the work. It
thus, appears that although no tender bids were received way
back in September, 2025, the Department had taken steps to
intimate the Government only in January, 2026. Thereafter, there
has been no progress.
10. As far as Saphai (Garampani) weighbridge is concerned,
instruction to operationalise has been issued on 27th February,
2026 on receiving approval from the Government. Thereafter,
there appears to be no progress. It further appears that the repair
of Entry and Exit road of weighbridge located at Malidor
Ratacherra, no work appears to have started there despite the
said weighbridge being non-functional since 5th September, 2024.
11. From the several orders passed by this Court it appears:
(i) that prima facie there has been suppression by the
Transport Department in providing information to this Court. The
same is evident from the report filed by the Transport Department
in this Court requiring the Court to appoint the three-member
Committee which clearly dislodges what was stated by the
Transport Department in its report;
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(ii) that despite the order dated 15th December, 2025, no
concrete steps have been taken by the said Department reflecting
its lackadaisical attitude. Not even an application has been
preferred by the Transport Department seeking extension of time
to comply with the order passed by this Court dated 15th
December, 2025; and,
(iii) the affidavit-cum-report filed on 17th March, 2026
reflecting the delay in ensuring that the weighbridges are made
functional.
12. As noted above, non-functional of the weighbridges causes
loss of revenue to the Government and as such, it is the duty of
the Transport Department to ensure that the weighbridges are
made functional at the earliest so that the interest of the State is
well protected.
13. Considering the overall conduct of the Transport
Department, we deem it appropriate to issue notice to the
Commissioner, Transport Department as to why show cause
notice should not be issued under the Contempt of Courts Act,
having regard to what is stated aforesaid and having regard to
non-compliance of the orders passed by this Court. Presently, we
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make it clear that this notice issued is not a notice under the
Contempt of Courts Act and whether or not notice ought to be
issued under the Contempt of Courts Act, will be considered on
the next date, after the Commissioner, Transport Department
files his affidavit.
14. Stand over to 15th April, 2026.
(W. Diengdoh) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
18.03.2026
"Sylvana PS"
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