Meghalaya Mine Owners And Exporters Association v. State of Meghalaya
2022-07-06
H.S.THANGKHIEW
body2022
DigiLaw.ai
JUDGMENT 1. The petitioners who are stated to be a registered Association of the mine owners and exporters, engaging in the business of exporting minerals to Bangladesh are before this Court seeking directions that a portion of the road which is on the export route, which was washed away due to a landslide that occurred in 2010, at a place called Saw Nombor village, be restored by the PWD respondent. 2. Mr. P. Yobin, learned counsel for the petitioners submits that the road had been in existence since the time of the Assam Government connecting Borsora to Ranikor, and the said road was maintained by the PWD. He further submits that after a portion of the road was washed away due to heavy monsoon, the same was never repaired which has resulted in dislocation of their business and the exporters were compelled to use an alternate road since the past 10 years which is stated to be located in the land of the respondent No. 4. 3. It is further contended that for the use of the alternate road the petitioners have been made to pay tolls under the authority of the Syiem of Langrin, through it Management Board. In this context, the attention of this Court has been drawn to the No-Objection Certificate dated 22.09.2021 issued by the Syiem of Langrin and the Management Board that they would have no objection to the PWD to re-construct the said portion of the approach road to Borsora. 4. It is submitted that in view of the No-Objection Certificate issued by the Syiem, there should be no impediment for the PWD to repair and re-construct the said portion of the road, as they are duty bound to do so in public interest. 5. Mr. N.D. Chullai, learned AAG assisted by Ms. Z.E. Nongkynrih, learned GA for the respondent No. 1, 2 and 3 submits that repairs could not be carried out as the road is extensively used by the overloaded vehicles, and that even temporary restoration is difficult. He submits that the only option is to explore the possibility of a new alignment for the said road, and that in this regard, a request had been made to the Syiem of Langrin for some land for the said new alignment. 6. Mr.
He submits that the only option is to explore the possibility of a new alignment for the said road, and that in this regard, a request had been made to the Syiem of Langrin for some land for the said new alignment. 6. Mr. C.C.T. Sangma, learned counsel for the respondent No. 4 submits that it is not a fact that they have been extracting illegal tolls, but it is only on the request of the then Syiem of Langrin that a portion of the land of respondent No. 4 was permitted to be used as an alternate road and for the purpose of use and maintenance of the road, tolls were charged. 7. I have heard learned counsel for the parties. 8. The entire issue it is seen, revolves around the non-availability of a proper PWD approach road to Borsora to facilitate exports. In this regard, though disputed facts have been raised, which this Court is not in a position to ascertain its correctness or veracity, this writ petition is disposed of by directing the State respondents to take an appropriate decision to explore a viable alternative road for use of the public in the said section, if the earlier portion has been rendered irreparable, after taking all other attendant facts into consideration. 9. Matter stands disposed of accordingly.