TINLIANTHANG VAIPHEI
Meghalaya Commercial Truck Owners and Operator Association Represented by its President Shri Augustine Shanpru – Appellant
Versus
State of Meghalaya represented by the Chief Secretary, The Principal Secretary, Govt. of Meghalaya Transport – Respondent
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 Hi
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