The Meghalaya High Court has directed the State government to conduct a two-hour unannounced spot inspection of 28 weighbridges across the State.
The division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh was hearing a Public Interest Litigation (PIL) filed by social activist Tennydard M. Marak.
The court said the spot inspection should be conducted in the presence of the petitioner or his representative. “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,” the court said.
A report signed by the Commissioner of Transport of any overloading fee, charges, revenue, etc., realised out of such inspection should be submitted by February 10, 2025, the order said.
Earlier while hearing the PIL the High Court said the petitioner attempts to bring to the notice of the alleged inaction or mismanagement of the government in operating 28 weighbridges across the State.
As per the report of the Comptroller and Auditor General of India (Revenue Sector) for the year ended 31st March, 2022 there was a non-realisation of revenue on account of non- functioning or below par functioning of the weighbridge which was estimated at Rs.23.75 crore.
The court said that similar reports for the previous years from 2012 indicating loss of revenue was also submitted.
The High Court stated that the counsel for the respondents emphatically submits that these reports do not depict the current state of affairs and that all the 28 weighbridges are fully functional and that there is no loss of revenue at all.
“At the outset we state that the Court needs to be very careful in dealing with public interest litigation of this kind. The court should refrain from interfering in normal administrative activities of the government. Normally, 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, should the court intervene. This dividing line should be strictly maintained. Otherwise the separation of powers between the executive and judiciary would disappear and the judiciary would be performing administrative functions,” the High Court pointed out.
The next hearing has been listed for February 12, 2025.
