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Judgment
The matter pertains to the failure on the part of the State to check overloaded vehicles plying all over Meghalaya.
The petitioner is represented on the virtual mode, but due to technical difficulties at the petitioner’s end, Advocate cannot be heard.
A report was filed on behalf of the State on July 19, 2023 which is why the matter was adjourned for some time when it last appeared on July 20, 2023 for the petitioner to go through such report. Though the petitioner’s submission on the report is not available because of the technical difficulties as aforesaid, it is submitted on behalf of the State that such report indicated that the 23 weighbridges that existed in the State have been made operational and are being used regularly. It is the further submission on behalf of the State that pursuant to previous directions of this Court, weigh-pads are to be installed and the report indicated that necessary action would be taken within 10 days of the filing of the report.
Upon the Court querying the State as to the present status of the weigh-pads, it is the State’s submission that the supply orders have not been issued yet. It is incomprehensible as to why, despite the indication in the report of July 19, 2023, steps have not yet been taken to install weigh-pads. The State says that five sets of weigh-pads are proposed to be ordered. It is hoped that such weigh-pads would be installed and be used within a fortnight from date.
The matter will appear 10 days hence since the petitioner could not be effectively represented today.
After this order is made, the audio of learned Advocate appearing for the petitioner is restored and the petitioner submits that even the report filed on July 19, 2023 may not be in consonance with the previous directions passed.
It will be open to the petitioner to ascertain whether, and to what extent, the 23 weighbridges which are said to be operational, are functioning. Hopefully, some of the weigh-pads would also have been installed by the time the matter appears next and both the petitioner and the State will indicate the places where such weigh-pads have been installed and the other weigh-pads are proposed to be installed.
The idea is to ensure that the transportation of illegally-mined coal in overloaded trucks is arrested along with boulders being ferried beyond the load-bearing capacities of the National and the State highways. The State’s focus should be on such aspects, particularly now that in certain other areas, the State has been more pro-active than in the previous 18 months to stop the illegal business of coal in the State.
List on August 23, 2023.