Shillong, Apr 21: The Meghalaya High Court today heard a suo motu public interest litigation after receiving a letter regarding the large number of heavy motor vehicles, including goods trucks and dumper trucks, engaged in transportation of boulders and other minerals towards the Bangladesh border, particularly along NH-206, in violation of the law.
During the hearing the High Court has issued an interim direction to authorities. A division bench of the High Court consisting of Chief Justice Revati Mohite Dere and Justice HS Thangkhiew, directed authorities to ensure that no vehicle passes through the concerned checkpoints i.e. Land Customs Station and Forest Department checkpoints, in the absence of any valid mineral transport challan or any other documents so required, which corresponds to the truck number.
Vehicles in violation of this are liable to be seized along with their cargo.
The High Court also asked 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.
“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 the concerned authorities to ensure strict compliance of the relevant Acts/Rules/Regulations governing transportation of mines/minerals,” the court directed.
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.
“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 serious concern that trucks/dumpers are allowed to ply without registration plates or checking of valid and requisite documents necessary to ply the minerals,” the High Court stated.
WEIGHBRIDGES
Meanwhile, in a separate but related case, the High Court heard a PIL filed by social activist Tennydard M Marak regarding the non-functional status of weighbridges and the alleged failure to check overloaded trucks in the state.
Chief Justice Dere and Justice Wanlura Diengdoh stated that Amit Kumar, Advocate General appearing for the state, also tendered a status report on behalf of the Commissioner of Transport.
The 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.
The AG told the court that having regard to affidavit filed by the petitioner including photographs he assured 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.
Kumar also assured the court that steps will be taken to verify that the vehicles at weighbridges have High Security Registration Plates, fitness certificates/other documents showing worthiness of the vehicles to ply and that they have a valid challan.
He also assured the High Court 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.
