Registrar General, High Court Of Meghalaya vs State Of Meghalaya & Ors

Pursuant to a letter dated 15th April, 2026, raising apprehension of serious repercussions due to large number of heavy motor vehicles, including goods trucks and dumper trucks engaged in transportation of boulders and other minerals plying towards the Bangladesh border, particularly along NH-206, in violation of law, the aforesaid suo motu petition was registered.

In the said letter, it is alleged that transportation of boulders and other minerals is happening without following due procedure and in violation of applicable laws; and, that the vehicles that are transporting the boulders and other minerals are without registration plates. To the letter are annexed photographs and videos evidencing the same. The letter also highlights concern relating to the alleged illegal extraction and transportation of minerals; damage to public roads due to heavy vehicular movement; adverse impact on the lives of local residents; and loss and damage to the environment, which cannot be compensated in any manner.

The apprehensions raised in the letter are prima facie visible and real. Mining is supposed to be restricted in sensitive areas (50 meters from villages, highways and water sources) and requires forest/wildlife clearances in areas designated as forests. Mining operations are expected to follow approved plans, which include environmental mitigation, ensuring sustainability i.e., scientific and planned utilization of resources. It is a matter of grave and serious concern that trucks/dumpers are allowed to ply without registration plates or checking of valid and requisite documents necessary to ply the minerals. All authorities concerned are entrusted with the solemn duty of enforcing the rule of law and protecting public resources. The authorities are expected to perform their statutory and constitutional responsibilities. Allowing vehicles to ply without number plates/valid documents, prima facie, reveals a disturbing pattern of inaction and administrative indifference.

Considering the aforesaid, we deem it appropriate to direct the Registry to implead the State of Meghalaya; and the heads of Mining and Geology Department, Directorate of Mineral Resources (DMR); Transport Department, Forest Department; District Administration and Police; Meghalaya State Pollution Control Board (MSPCB), Revenue and Taxation Department; Union of India, Commissioner of Customs, Meghalaya, Shillong; Ministry of Environment, Forest and Climate Change, New Delhi; Border Security Force (BSF) as party respondents.

Issue notice to all said the respondents.

Learned Advocate General waives notice on behalf of the concerned departments and Dr. Mozika, learned DSGI waives notice on behalf of the Union of India, Customs and BSF. They all seek time to file their respective affidavits, with respect to the steps taken by the authorities, under various Acts, including under the Meghalaya Minor Minerals Concession Rules, 2016, the Meghalaya Mines and Minerals Policy, 2012 and the Meghalaya Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022. We also request the learned Advocate General to take instructions with respect to the existing policy for exporting of minerals, in particular limestone, having regard to the impact that the extraction of the mineral will ultimately have on the environment, which can never be compensated.

Having regard to what is observed hereinabove, in the meantime, till the next date, we deem it appropriate to issue the following interim directions;

(i) the authorities to ensure that no vehicle passes through the concerned check points i.e., Land Customs Station and Forest Department check points, in the absence of any valid mineral transport challan or any other documents so required, which corresponds to the truck number, which is transporting the mineral;

(ii) if a vehicle is found without the requisite licence/challan/documents, it is open for the authorities to take appropriate action/seize/confiscate the vehicle as well as the mineral, as permissible, in accordance with law;

(iii) the authorities to ensure that vehicles which are validly transporting the minerals have the necessary fitness certificate i.e., required for plying the vehicle as well as PUC.

(iv) the concerned authorities to conduct a drive to ensure that the mineral is being excavated only from the licensed and permitted area, i.e., licence given by the competent authority; and

(v) the concerned authorities to ensure strict compliance of the relevant Acts/Rules/Regulations governing transportation of mines/minerals.

A copy of this order to be forwarded forthwith to the Commissioner of Transport, Shillong, Meghalaya, the Principal Chief Conservator of Forests, Shillong, Meghalaya, the Mining and Geology Department, Directorate of Mineral Resources and the Commissioner of Customs, Shillong, Meghalaya.

Learned Advocate General as well as learned DSGI to forthwith forward a copy of the said order to the concerned authorities so as to enable them to take appropriate steps and to comply with the interim directions.

Affidavit to be filed on the next date.

Stand over to 28th April, 2026.