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2026 Supreme(Online)(Megh) 83

HIGH COURT OF MEGHALAYA AT SHILLONG
Revati Mohite Dere, CJ, W. Diengdoh, J
Tenny Dard M. Marak – Appellant
Versus
State of Meghalaya – Respondent
PIL No.1/2024



Advocates:
For the Appellants/Petitioners: P. Agarwal
For the Respondents: N. Syngkon, J.N. Rynjah

The court emphasized the state's duty to maintain functional weighbridges to prevent revenue loss and cautioned against misleading the court through contradictory affidavits, while ensuring the petitioner's safety during site inspections.

Headnote:(A) Public Interest Litigation - Revenue Loss - Non-functional weighbridges - Failure of state authorities to ensure functionality of weighbridges leading to significant revenue loss to the State government. (Para 3)

(B) Judicial Oversight - Misleading the Court - Contradictory statements in affidavits - Court's observation of "flip-flops" in reports filed by the Commissioner of Transport, suggesting an attempt to mislead the court. (Para 2)

(C) Petitioner's Rights - Site Inspection - Provision of security - Direction to provide police security and transport to the petitioner for visiting weighbridges due to apprehension of danger. (Para 5, 6)

Issues: Whether the state authorities have been diligent in making weighbridges functional to prevent revenue loss and whether the affidavits filed were misleading.

Today, learned GA has tendered an affidavit on behalf of the respondent-State i.e., the Transport Department. The said affidavit has been affirmed by Shri A.M. Sangma, Commissioner of Transport Department, Meghalaya, Shillong.

2. In view of what was disclosed by the learned counsel for the petitioner, we have perused the said affidavit dated 15th April, 2026 tendered today, the earlier report dated 8th May, 2025 and several affidavits filed by the respondent-State including the affidavit dated 28th November, 2024. We find several flip-flops in the stand taken by the Commissioner of Transport, Meghalaya, Shillong in the said report/affidavits. Prima facie, we feel that an attempt is being made to mislead this Court. In some places, it is stated that some of the weighbridges are not existing, though in some of the earlier reports, it shows the existence of the said weighbridges albeit being non-functional. Nothing is mentioned about the weighbridge in Gonglangre, South West Garo Hills.

3. Form the affidavit, it appears that an attempt is being made to delay the construction of weighbridges, for reasons best known. As noted in the earlier orders, non-functioning of these weighbridges has led to loss of huge revenue to the State government. We find no seriousness in ensuring that the weighbridges are made functional. When the aforesaid was pointed out to the learned GA in the presence of the Commissioner of Transport Department, learned GA sought time to address our concerns.

4. Considering the flip-flops done by the Commissioner of the Transport Department in its various affidavits/report, we deem it appropriate to direct the Advocate General to appear in this matter, as we do not find any seriousness by the authorities in the construction or making the weighbridges functional, leading to loss of revenue to the State.

5. At this stage, learned counsel for the petitioner states that the petitioner is personally ready to check some of the weighbridges having regard to what is stated in the affidavit, provided police security is given to the petitioner, as he apprehends danger to his life.

6. Learned GA/Commissioner of Transport Department to ensure that a vehicle is made available to the petitioner to enable him to visit in some of the weighbridges. The Superintendent of Police, East Garo Hills District, Williamnagar is directed to ensure that an armed policeman is given to the petitioner on his visit to and fro to all the weighbridges.

7. Learned GA to forthwith communicate a copy of this order to the Superintendent of Police, East Garo Hills District, Williamnagar to enable him to take appropriate steps. Learned GA also to coordinate with the Commissioner of Transport for the vehicle and for giving an armed policeman to the petitioner.

8. Stand over to 21st April, 2026

9. Affidavit-in-reply, if any, to be filed by the respective parties before the next date, with an advance copy to other side.

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