Meghalaya High Court
Registrar General, vs . State Of Meghalaya & Ors on 21 April, 2026
Author: H.S. Thangkhiew
Bench: H.S. Thangkhiew
Serial No.01
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.4/2026
Date of Order: 21.04.2026
Registrar General, Vs. State of Meghalaya & ors
High Court of Meghalaya
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Hon'ble Mr. H.S. Thangkhiew, Judge
Appearance:
For the Petitioner : -
For the Respondents : Mr. A. Kumar, Advocate General with
Ms. R. Colney, GA
Dr. N. Mozika, DSGI with
Ms. K. Gurung, Adv
i) Whether approved for reporting in No
Law journals etc.:
ii) Whether approved for publication
in press: Yes
Pursuant to a letter dated 15th April, 2026, raising
apprehension of serious repercussions due to large number of
heavy motor vehicles, including goods trucks and dumper trucks
engaged in transportation of boulders and other minerals plying
towards the Bangladesh border, particularly along NH-206, in
violation of law, the aforesaid suo motu petition was registered.
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2. In the said letter, it is alleged that transportation of boulders
and other minerals is happening without following due procedure
and in violation of applicable laws; and, that the vehicles that are
transporting the boulders and other minerals are without
registration plates. To the letter are annexed photographs and
videos evidencing the same. The letter also highlights concern
relating to the alleged illegal extraction and transportation of
minerals; damage to public roads due to heavy vehicular
movement; adverse impact on the lives of local residents; and loss
and damage to the environment, which cannot be compensated in
any manner.
3. The apprehensions raised in the letter are prima facie visible
and real. Mining is supposed to be restricted in sensitive areas (50
meters from villages, highways and water sources) and requires
forest/wildlife clearances in areas designated as forests. Mining
operations are expected to follow approved plans, which include
environmental mitigation, ensuring sustainability i.e., scientific
and planned utilization of resources. It is a matter of grave and
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serious concern that trucks/dumpers are allowed to ply without
registration plates or checking of valid and requisite documents
necessary to ply the minerals. All authorities concerned are
entrusted with the solemn duty of enforcing the rule of law and
protecting public resources. The authorities are expected to
perform their statutory and constitutional responsibilities.
Allowing vehicles to ply without number plates/valid documents,
prima facie, reveals a disturbing pattern of inaction and
administrative indifference.
4. Considering the aforesaid, we deem it appropriate to direct
the Registry to implead the State of Meghalaya; and the heads of
Mining and Geology Department, Directorate of Mineral Resources
(DMR); Transport Department, Forest Department; District
Administration and Police; Meghalaya State Pollution Control
Board (MSPCB), Revenue and Taxation Department; Union of
India, Commissioner of Customs, Meghalaya, Shillong; Ministry of
Environment, Forest and Climate Change, New Delhi; Border
Security Force (BSF) as party respondents.
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5. Issue notice to all said the respondents.
6. Learned Advocate General waives notice on behalf of the
concerned departments and Dr. Mozika, learned DSGI waives
notice on behalf of the Union of India, Customs and BSF. They all
seek time to file their respective affidavits, with respect to the steps
taken by the authorities, under various Acts, including under the
Meghalaya Minor Minerals Concession Rules, 2016, the Meghalaya
Mines and Minerals Policy, 2012 and the Meghalaya Mineral
(Prevention of Illegal Mining, Transportation and Storage) Rules,
2022. We also request the learned Advocate General to take
instructions with respect to the existing policy for exporting of
minerals, in particular limestone, having regard to the impact that
the extraction of the mineral will ultimately have on the
environment, which can never be compensated.
7. Having regard to what is observed hereinabove, in the
meantime, till the next date, we deem it appropriate to issue the
following interim directions;
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(i) the authorities to ensure that no vehicle passes through
the concerned check points i.e., Land Customs Station and Forest
Department check points, in the absence of any valid mineral
transport challan or any other documents so required, which
corresponds to the truck number, which is transporting the
mineral;
(ii) if a vehicle is found without the requisite
licence/challan/documents, it is open for the authorities to take
appropriate action/seize/confiscate the vehicle as well as the
mineral, as permissible, in accordance with law;
(iii) the authorities to ensure that vehicles which are validly
transporting the minerals have the necessary fitness certificate i.e.,
required for plying the vehicle as well as PUC.
(iv) the concerned authorities to conduct a drive to ensure
that the mineral is being excavated only from the licensed and
permitted area, i.e., licence given by the competent authority; and
(v) the concerned authorities to ensure strict compliance of
the relevant Acts/Rules/Regulations governing transportation of
mines/minerals.
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8. A copy of this order to be forwarded forthwith to the
Commissioner of Transport, Shillong, Meghalaya, the Principal
Chief Conservator of Forests, Shillong, Meghalaya, the Mining and
Geology Department, Directorate of Mineral Resources and the
Commissioner of Customs, Shillong, Meghalaya.
9. Learned Advocate General as well as learned DSGI to
forthwith forward a copy of the said order to the concerned
authorities so as to enable them to take appropriate steps and to
comply with the interim directions.
10. Affidavit to be filed on the next date.
11. Stand over to 28th April, 2026.
(H.S. Thangkhiew) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
21.04.2026
"Lam DR-PS"
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Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.04.21 17:17:54 IST