Overloaded vehicles must not be permitted to move on national highways until the excess load is removed at the owner's risk, as mandated by the Motor Vehicles Act and National Highways Fee Rules, to prevent infrastructure damage.

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

21 23-03-2026 In terms with the order dated 20.02.2026, a counter affidavit has been filed on 18.03.2026 by the Transport Department, Government of Bihar wherein it is stated as follows:-

“6. That in compliance of the order dated-20.02.2026 passed in the C.W.J.C. No.-2921 of 2022, the State Transport Commissioner, Bihar has conducted meeting on-06.03.2026 in the presence of the Engineer-In-Chief, Road Construction Department, Government of Bihar, Regional Authority, NHAI, Patna, Executive Engineer, MORTH and Assistant Director, Mines Geology Department, Bihar, Patna.

7. That in the said meeting, the Executive Engineer, MORTH has stated that after construction of the road, it is handed to the N.H.A.I. for Toll Operations. The Regional Authority of NHAI has stated that there are two Toll Plazas in the Ara-Mohaniya route in which 10-weigh in motion and 4 static weigh bridge is functional. The overloaded vehicle is identified through weigh in motion and it is affirmed through static weigh bridge. However, this is related to the toll operations and toll payments which comes under the National Highway Fee Rules, 2008. In this regard the weekly report over the Toll Plaza regarding overloaded vehicles is received. There is provision to off-load the overloaded vehicles. In case of overloaded vehicles additional fees is charged along with action against them. Any road/bridge is constructed after considering all parameters and in accordance with its capacity.

8. That in the said meeting, the State Transport Commissioner has stated that the penalty and other actions are taken against the overloaded vehicles in accordance with the M.V. Act in view of the report received from the Toll Plaza. The weigh -bridges are not made by the Transport Department. As per section-113 and 114 of the M.V. Act, there is a provision for checking of the overloaded vehicles by taking it to any weighing equipment/machine within 10 KM from a fixed point or within the 20 KM of its destination. In this regard needful action is taken in light of the said provisions.

9. That the Enforcement Wing of the Transport Department states that, effective control is done with regard to the overloaded vehicles under every district. It is relevant to state that total 4,77,427 E-challans have been issued under different districts in Bihar for imposing penalty in the year 2023-24 and a total amount of Rs 2,78,22,95,626/- has been realized from the defaulters. Further, for the year 2024-25, total 3,74,035 E-challans have been issued under different districts in Bihar and a total amount of Rs 1,92,22,44,999/- has been realized from the defaulters. Similarly, for the year 2025-26, total 4,97,189 E-challans have been issued under different districts and a total amount of Rs 3,01,31,87,341/- has been realized from the defaulters. In the Ara-Mohaniya route, 1,76,474 E-challans have been issued for the financial years- 2023-24, 1,65,137 E-challans have issue for the financial years-2024-25 and 1,48,210 E- challans have been issued for the financial years- 2025-26 respectively. In this regard, regular action is being taken by the Transport Department through its Enforcement Wing for checking of the overloaded vehicles. Further, necessary guidelines is issued to all the District Magistrates in Bihar.

10. That in the said meeting, the Authority of the Mines and Geology Department has stated that in view of notification no.-4374, dated- 16.10.2024 issued by the Mines Department, a provision has been made for imposing a fine of minimum Rs. 1,00,000/- and maximum Rs. 10,00,000/- with regard to the to the vehicles/persons involved in illegal mining, transportation and storage and due to this there has been control in checking of the overloaded vehicles.”

Similarly, the 9th supplementary counter affidavit has been filed by the respondent no. 3 (NHAI), wherein it is stated as follows:-

“3. That as directed by the Hon'ble Court vide order d