Shillong, Nov 19: The Meghalaya High Court has ordered that the state government can issue tender notice only after it decided as to how many integrated check-posts should be set up in the state.
In its order issued here on Monday, the division bench comprises of chief justice Mohammad Yaqoob Mir and Justice SR Sen while disposing of a petition filed by Gavin M. Mylliem said, “The respondent can issue such tender notice only after the Chief Secretary of the State decided as to how many integrated check-post are required to be set up by the State.â€
Two tender notices have been issued regarding the Umling weighbridge on August 3, 2018.
The bench stated that petition stand decided today holding therein that till consistent with the Apex Court order dated November 6, 2015, decision for setting up of integrated check-posts is taken and given effect, existing Umling weighbridges has to be allowed to continue.
The Apex Court in its order had stated: “However, we direct that till the requisite number of integrated check-posts are set up as per the existing policy of the State, the existing weighbridges, whether private or Government, shall not be discontinued. The Chief Secretary of the State shall decide as to how many integrated check-posts are required and his decision with regard to number of check-posts required by the State shall be final.â€
During the hearing, the government advocate informed that the state is likely to formulate a policy and to take decision for setting up the integrated check-posts.
However, the bench said, “As and when such decision is taken consistent with the existing policy, if any, or policy in formulated for setting up of integrated check-posts, only then it shall be open for the respondents to initiate the tender process.â€
It stated that as on date, in absence of any policy decision, and decision as to how many integrated check-post are to be setup, the impugned tender notices as issued are unsustainable.
“Thus, for the aforesaid reasons, tendering process shall be closed with liberty to be re-initiated only after it is decided as to how many integrated check-posts are to be setup as per the policy in vogue,†the bench said in its order.