T. Vaiphei, J.

1. The legality of the Notification dated 11-2-2011 issued by the State-Respondents imposing restrictions on the height of coal laden trucks up to a maximum of 1 metre measured from the surface of the body of the trucks over which the body rests while plying within the State of Meghalaya is called into question by the Petitioner-association in this writ petition and of prohibiting the entry and plying of such vehicles within Meghalaya along the NH 44 Shillong-Jowai-Malidar, NH 44E Nonjgstoin-Shillong, NH 40 Gauhati-Shillong, NH 62 Dudnoi-Baghmara-Dalu and the State Highway from Nonstoin-Tura via Shillong.

2. The material facts of the case, as pleaded by the Petitioner-association, are that their association under the name and style of "MEGHALAYA COMMERCIAL TRUCK OWNERS AND OPERATORS ASSOCIATION" comprises of truck owners plying their trucks in the National Highways running through the State of Meghalaya and is formed for their economic and commercial well being. The Districts of Jantia Hills, East Khasi Hills and Ri-bhoi are connected with the rest of the country by National Highway Nos. 37, 40 and 44 and in the absence of other mode of transportation, these Highways serve as the lifeline not only for these three districts but also for the whole of Meghalaya. The development, maintenance and management as well as control of the National Highways is regulated by the National Highways Act, 1956 ("the Act" for short) and the National Highways Authority of India Act, 1988. Under the Motor Vehicles Act, 1988, some powers have been delegated to the Transport Department of the State Governments, which includes weighment of vehicles, etc. Section 138 of the Motor Vehicles Act, 1988 further empowers the State Governments to make rules for the purpose of weighment of vehicles and other duties entrusted to them under the Act pertaining to traffic control, etc. The members of the Petitioner-association are having different types of vehicles such as heavy commercial trucks, light goods vehicles, etc., and these are plying in various National Highways for transporting minerals and other materials from the State of Meghalaya to other places. The trucks belonging to the Petitioner-association carrying coals, minerals, etc. with the appropriate weight and measurement are regulated and controlled by the State Government through various weigh bridges run by it or through its authorized lessee; the members of the Petitioner-association are regularly paying the weigh bridge fixed and imposed by the State-Respondents from time to time. Much to the consternation of the Petitioner-association, the impugned notification has been issued by the State-Respondents purportedly in pursuance of the order dated 9-11-2005 read with the order dated 6-12-2010 passed by the Hon'ble Supreme Court in WP(C) No. 136 of 2003 and under Section 113(1) of the Motor Vehicles Act, 1988. These restrictions have seriously affected their rights and interests of the members of the Petitioner-association inasmuch as they do not only carry coal but also other minerals such as house appliances, furniture, essential commodities, clothes etc., which have bigger size/volume but less weight than coal, limestone, etc. depending on the season and the availability of hirers. Aggrieved by this, they are now approaching this Court for appropriate directions.

3. The writ petition is resisted by the State Respondents, who have now filed their affidavit-in-opposition through the Secretary to the Government of Meghalaya, Transport Department. The contentions of the State-Respondents are that Section 113 of the Motor Vehicles Act empowers the State Government to impose restriction on the laden weight of vehicles to be driven on public roads, and of late the issue about over-loading of vehicles, especially trucks, has frequently come up from time to time in the public domain and has, therefore, engaged the attention of the State Government. The matter has even gone up to the