Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Meghalaya High Court: In a suo motu public interest litigation (PIL) registered on the basis of a letter dated 15 April 2026, highlighting illegal mineral transportation and extraction and the damage caused by the movement of heavy vehicles towards the Bangladesh border without due compliance of law, the Division Bench of Revati Mohite Dere, CJ., and H.S. Thangkhiew, JJ., observed the apprehensions raised to be prima facie “visible and real”, reflecting a disturbing pattern of administrative inaction, and consequently issued interim directions to the authorities concerned.
Background
In the instant matter, a letter was filed which alleged heavy motor vehicles, including trucks and dumpers transporting boulders and other minerals, were plying, particularly along NH-206 towards the Bangladesh border, without registration plates and without following due procedure. It further highlighted illegal mining activities, damage to public roads, adverse impact on local residents’ lives, and irreparable environmental harm.
Analysis
The Court found the apprehensions raised in the letter to be prima facie real and visible and observed mining to be restricted in sensitive areas (50 meters from villages, highways and water sources) and requires clearances in areas designated as forests. The Court observed that, “mining operations are expected to follow approved plans, which include environmental mitigation, ensuring sustainability, i.e., scientific and planned utilisation of resources”.
The Court noted that permitting truck/dumpers to ply without number plates or valid documents is a matter of grave and serious concern and that it “reveals a disturbing pattern of inaction and administrative indifference”, despite authorities being duty-bound to enforce the rule of law and to protect public resources.
The Court directed impleadment of the Ministry of Environment, Forest and Climate Change, the State of Meghalaya and various authorities, including Border Security Force, Revenue and Taxation Department, District Administration, departments of mining, transport, forest, police, pollution control, customs, and sought affidavits with steps taken 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. The Court also requested the Advocate General to take instructions with respect to the existing policy for exporting of minerals, in particular limestone, noting the irreversible environmental impact.
Directions for authorities
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To ensure no vehicles pass through Land Customs Station and Forest Department check points, without a valid mineral transport challan or requisite documents corresponding to the vehicle transporting the mineral.
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For a vehicle found without the requisite licence/challan/documents, authorities may seize or confiscate it or can take action against vehicles and minerals, as permissible, in accordance with law.
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To ensure vehicles validly transporting minerals to have necessary fitness certificate, required for plying the vehicle as well as PUC.
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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.
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To ensure strict compliance of the relevant Acts/Rules/Regulations governing transportation of mines/minerals.
The Court, directed to forward a copy of the order to the authorities concerned so as to enable them to take appropriate steps and to comply with the interim directions. The matter was directed to be listed on 28 April 2026 for further consideration.
[Registrar General v. State of Meghalaya, 2026 SCC OnLine Megh 317, decided on 21-4-2026]
Advocates who appeared in this case:
For the respondent: A. Kumar, Advocate General, R. Colney, GA, N. Mozika, DSGI, K. Gurung, Adv
