In a recent public interest litigation (PIL) filed before the Meghalaya High Court, petitioner Tenny Dard M Marak brought to the court’s attention the alleged mismanagement of 28 weighbridges across the state by the government.
The petitioner, claiming to be a social worker, relied on a report by the Comptroller and Auditor General of India (Revenue Sector) for March 31, 2022, which estimated non-realization of revenue due to non-functioning or below-par functioning of the weighbridges at Rs. 23.75 crore.
The court, comprising Justice I P Mukerji, Chief Justice, and Justice W Diengdoh, Judge, was cautious in dealing with the PIL, emphasizing the need to maintain the dividing line between judicial intervention and administrative functions.
The court noted that it should refrain from interfering in normal administrative activities unless there is gross failure of the administrative machinery causing injury to the public at large.
The court admitted the petition, considering that an earlier petition of 2022 was entertained and disposed of on August 23, 2023, with the hope that adequate steps would be taken against overloaded vehicles.
The court passed an interim order directing a spot inspection of the weighbridges at checkpoints, to be conducted by the respondents in the presence of the petitioner or his representative.
The inspection was to be incognito, without public announcement, and the petitioner was not to conduct any inspection but only be present.
The court directed that any revenue realized during the inspection be stated in a report, signed by the Commissioner of Transport, and submitted to the court.
The report was to be submitted by February 10, 2025, and the PIL was listed for further hearing on February 12, 2025.