Meghalaya High Court: In a public interest litigation alleging inaction or mismanagement of the Government in operating 28 weighbridges across the State, the Division Bench of I.P. Mukerji, CJ and W. Diengdoh, J. directed for an incognito spot inspection for two hours by the State, in the presence of the petitioner or his representative, in each of the weighbridges at checkpoints on one day at the time when vehicular traffic is the greatest.
Any overloading fee, charges, revenue, etc. realised out of such inspection shall be stated in a report signed by the Commissioner of Transport and submitted before the Court by 10-02-2024.
The petitioner, a social representative, presented the reports that indicated the loss of revenue. One such report was of the Comptroller and Auditor General of India (Revenue Sector) for 2022 where non-realisation of revenue on account of non-functioning or below-par functioning of the weighbridge was estimated at Rs.23.75 crore. This revenue, inter alia, comprises of overloading fee, cess and “royalty” in case of export materials, fine, lease, rent and so on. Similar reports for the previous years from 2012 were also placed before the Court indicating loss of revenue. The State took the stand that these reports did not depict the current state of affairs and all the 28 weighbridges were fully functional and there is no loss of revenue at all.
At the outset, the Court stated that Court needs to be very careful in dealing with public interest litigation of this kind and should refrain from interfering in normal administrative activities of the Government. The Court explained that, only in cases of gross failure of the administrative machinery causing injury to the public at large who are unable to obtain any redress except with the intervention of the Court, should the Court intervene, and this dividing line should be strictly maintained. Otherwise, the separation of powers between the executive and judiciary would disappear and the judiciary would be performing administrative functions.
[Tenny Dard M. Marak v. State of Meghalaya, PIL No.1/2024, decided on: 05-12-2024]
