Court blow on truck height limit
SHILLONG: In a major upset for the State Government, the Shilong bench of the Gauhati High Court has ruled against the restriction put on height of a truck’s carrier.
The court order on a petition by the Meghalaya Commercial Truck Owners & Operators’ Association (MCTOOA) has come as a boon for the truckers of the State who have been demanding a review of the order that fixed the maximum height of the carrier at one metre.
“Under section 110(1) of the MV Act, it is only the Central Government which can make rules regulating the construction, equipment and maintenance of the motor vehicles, including weight, height, length etc.,” the court order said, adding, state governments have not been empowered to make any rules contrary to the rules framed by the Central Government.
Justice BD Agarwal and Justice Anima Hazarika of the Shillong bench on June 16 said, “We are of the opinion that the impugned notification dated February 2, 2011 is contrary to law. Consequently both the impugned notification as well as the impugned judgment are unsustainable in law and are hereby quashed and set aside.”
As per the order, goods found exceeding the load limit can always be offloaded from the trucks and fine can be imposed as per the law.
The MCTOOA filed the petition after a single bench of the High Court of T Vaiphei had given its verdict in the favour of the Government order in an earlier petition of the Association.
“If the State Government does not abide by the ruling, it would be a contempt of the court,” a delighted MCTOOA president, A Shanpru, told reporterson Monday. According to Shanpru, the truckers suffered huge financial loss due to the Government order since around Rs 3 lakh is needed to make the body of one truck. Pointing out that the coal business is seasonal, Shanpru said the government order was a huge blow to the thousands of local people involved in the coal trade in the State.
Illegal toll gates in Ri-Bhoi: Meanwhile, after East Garo Hills district, the issue of illegal toll gates is set to rock Ri-Bhoi district with MCTOOA claiming that as many as four illegal toll gates exist in Byrnihat. MCTOOA president A Shanpru accused the Syiem of Hima Mylliem of running three unauthorised toll gates in the area. Shanpru alleged that the three toll gates of Syiem of Hima Mylliem allegedly charge Rs 200-400 from each truck. “This is pure extortion since they don’t have any authority to collect money,” Shanpru said. Besides the three gates of Syiem of Hima Mylliem, an association called Ri-Bhoi Transport Commission Agency operates such a check gate where Rs 300 is allegedly charged from every truck. He also alleged that there is another gate manned by a lessee of the KHADC where all the non-tribal drivers are forced to pay Rs 500 each. When contacted, Ri-Bhoi Deputy Commissioner M Kharmujai denied existence of any unauthorised toll gate in the industrial estate. The DC said, “I have asked Shanpru for specific locations so that we can raid those toll gates.” Police are doing their best to ensure that no illegal check gates function in the district, he said.