Shillong, May 3: The Meghalaya High Court today dismissed a petition filed by an individual over the alleged interference by the state government on the checkpoints set up by the Khasi Hills Autonomous District Council (KHADC).

Sdangyoo L. Dkhar, who filed the petition, asserted that he was appointed as an "agent" by the KHADC for setting up and operating the so-called "KHADC's mineral transport challan checkpoint/royalty check".

His grievance was that officers of the Meghalaya government were "illegally interfering" with the checkpoints managed by him. The agent was appointed on January 15, 2016.

The checkpoints were set up at designated points at Nongktieh (Manai) exiting to National Highway 40, Athiabari exiting to Assam and Nongsharam exiting to Garo hills and onwards to Assam and other places while maintaining the distance of about 50metres from the main road and highway.

The checkpoints were to verify the authenticity of the mineral transport challan/royalty challan carried by the coal-laden trucks.

Dkhar petitioned that despite having been appointed and setting up the checkpoints, the West Khasi Hills deputy commissioner had been "interfering" inhis work.

He also claimed that within two days of verifying and checking, he had been able to detect that more than 200 coal-laden trucks carrying extracted coal from the territorial jurisdiction of the KHADC, and were moving out every day to other parts of the state without carrying any royalty challan.

As a result, he pointed out that there was revenue leakage amounting to crores of rupees everyday in the state.

However, the contesting respondents pointed out that according to the order issued by the secretary to the executive committee of the KHADC, appointing Dkhar as the "agent" for checking of mineral transport challan/royalty challan from all mineral-laden vehicle originating from the council's territory, the petitioner was allowed to collect a verification fees of Rs 100 from single-axel laden vehicle and Rs 200 from double-axel vehicle.

The respondents, which included the Meghalaya government, stated that the fees imposed was "without any legal authority", and was not sanctioned by the provisions of the Sixth Schedule.

The respondents also contended that a district council constituted under the Sixth Schedule has "no plenary power" and cannot impose any fee, tax or toll, or authorise such collection through its agents unless such power is expressly conferred by or under the Constitution.

"Having given thoughtful consideration to the rival submissions and having examined the record with reference to the law applicable, this court is clearly of the view that the appointment of the petitioner as an agent so as to set up challan/royalty checkpoints and to recover verification fees by the respondent-KHADC is not supported by law," Chief Justice Dinesh Maheshwari noted in his order.

"Viewed from any angle, it is apparent that any attempt on the part of the KHADC to recover fees from the vehicles carrying minerals and to subject them to any checking or verification is neither authorised by law nor in conformity with the rights of citizen guaranteed by the Constitution," he added.

"The question is whether the KHADC could appoint an agent to set up a parallel checkpost over the mineral-carrying vehicles and charge verification fees from the vehicles. The answer, in the opinion of the court, is clearly in the negative. The court is satisfied that the petitioner has failed to make out a case of infringement of legally enforceable right. Hence, this writ petition fails and is dismissed," Chief Justice Maheshwari stated.