Research › Search › Judgment

Meghalaya High Court · body

2016 DIGILAW 57 (MEG)

Meghalaya Commercial Truck Owners & Operators Association v. State of Meghalaya

2016-11-24

DINESH MAHESHWARI, VED PRAKASH VAISH

body2016
JUDGMENT : DINESH MAHESHWARI, J. 1. The petitioner-association has filed this writ petition seeking the following reliefs:- "In the premises aforesaid, it is therefore, prayed that Your Lordship may be pleased to consider the above, call for the records, issue Rule calling upon the Respondents to show cause as to why a Writ of Mandamus shall not be issued directing the Directorate of Mineral Resources, Government of Meghalaya as well as other concerned respondents to make functional the station for verification of challans for transportation of minerals/coal at Mookyndur, NH 44 immediately and/or pass any other Order/Orders as Your Lordship may deem fit and proper." 2. While examining this matter on 20.07.2016 and looking to the grievance sought to be suggested by the petitioner-association that because of the closure of the check-gate at Mookyndur, its members were facing lot of difficulties and practical problems in plying their vehicles, the respondents were called upon to specify as to under what circumstances and under which order, such a check-gate was closed with the following order:- "20.07.2016 Learned counsel appearing for respondents No. 1 and 2 submits that no separate affidavit is proposed to be filed on behalf of the respondents 1 and 2, who would be relying on the affidavit filed by respondents No. 4 and 5. Learned counsel for the petitioner does not propose to file rejoinder affidavit. In this matter, the petitioner Meghalaya Commercial Truck Owners and Operators Association has stated the grievance that the commercial vehicles originating from Jaintia Hills District are being subjected to arbitrarily random checking without making proper arrangements for verification of mineral transport challans at loading points by the respondents. It is, inter alia, stated that there had earlier been a checking point at Mookyndur village at NH 44 for verifying the transport challans but the same is not being operated causing inconvenience to the members of the petitioner-Association in properly managing the affairs of transport. It is, inter alia, stated in the reply affidavit filed on behalf of respondents No. 4 and 5 that the said check-gate at Mookyndur was functional prior to the order of the Hon'ble National Green Tribunal for transportation of extracted coal but, for the Hon'ble National Green Tribunal having not approved the said check-gate as designated exit point, it is not functional now. Certain notifications said to have been issued by the Transport Department, Government of Meghalaya in compliance of different orders passed by the Hon'ble National Green Tribunal have been placed on record, but the orders and guidelines said to be forming the basis of such notifications have not been placed on record. The respondents shall place the relevant orders/guidelines on the basis whereof the referred notification have been issued and shall clearly state as to when and by which order, the Hon'ble Green Tribunal has disapproved the functioning of the check-gate at Mookyndur List the matter for admission after 2 (two) weeks." 3. In response to the aforesaid order, the respondents have filed the supplementary affidavit, placing on record the guidelines for transportation of extracted coal as issued on 01.09.2014 and the orders dated 07.10.2014, 02.12.2014, 23.12.2014, 29.01.2015 and 25.03.2015 as passed by the National Green Tribunal ('NGT'). It has, inter alia, been pointed out that so far the vehicles originating from East Jaintia Hills and West Jaintia Hills Districts are concerned, check-gate is being maintained at 7th Mile as per the notification dated 07.09.2015 and of course, the check-gate at Mookyndur is not functional because it was not approved by the NGT. It has also been pointed out during the course of submissions that as regards the said check-gate at 7th Mile, a litigation is pending in the Trial Court at Shillong, but the said check-gate is nevertheless functional. 4. We find hardly any substance in this petition, particularly when it is noticed that a specific check-gate is provided at 7th Mile, which is said to be the point of entry of vehicles to the East Khasi Hills District on NH-44. It is a matter essentially of an administrative decision as to where a particular check-gate should be established; and such a decision is required to be taken by the concerned authorities with reference to a variety of factors; and the transporters plying the vehicles, cannot as such be acceded a right to claim as to where a particular check-gate should be established. Moreover, the larger matter concerning transportation of minerals/coal is being admittedly regulated under the orders of the NGT. In the totality of circumstances, we find no reason to show any interference. 5. Moreover, the larger matter concerning transportation of minerals/coal is being admittedly regulated under the orders of the NGT. In the totality of circumstances, we find no reason to show any interference. 5. Learned counsel for the petitioner has attempted to argue that grievance of the members of the petitioner-association is about random checking on the highway after checking on the designated check-gate. We are afraid, no such specific case is pleaded in this petition. Learned counsel for the petitioner has referred to paragraph 8 of the petition. However, the grievance suggested therein is that the check-gate at Mookyndur having gone defunct, the members of the petitioner-association are facing problems because of not having verified challans with them while plying on the highway. These averments are not making out a case as sought to be argued by the learned counsel for the petitioner. 6. We need not enter into any other aspect of the matter and suffice it to say for the present purpose that when specific check-gates are available and are said to be functional as noticed from the submissions made at the Bar and also the order dated 29.01.2015 as passed by the NGT, the grievance sought to be suggested by the petitioner-association cannot be said to be having any basis. As already noticed, indisputably, the check-gate is provided at the place called 7th Mile. Although some litigation in that regard is said to be pending in the Trial Court at Shillong but, the said check-gate is nevertheless functional. With the existence of such a check-gate at the entry point of East Khasi Hills District, we find no reason to issue any writ, order or direction at the instance of the petitioner-association in this petition. 7. This writ petition stands dismissed. 8. However, dismissal of this writ petition shall not be of prejudice to any of the members of the petitioner-association in taking recourse to appropriate proceedings in accordance with law, in case of any legal grievance existing or arising in future.