Meghalaya HC allows Hima Sohra to charge customary tolls from export of limestone, boulders

Syllad | The Rising MeghalayaApril 16, 2022

The Meghalaya High Court has allowed the Hima Sohra to charge a customary toll of Rs 200 per vehicle for use of the road from Umdud to Zero Point at Bholaganj Majai Land Customs Station.

The order was passed on April 13 by a single bench headed by Justice HS Thangkhiew while hearing a bunch of writ petitions filed assailing the actions of the Hima Sohra and the Hima Sohra Core Committee in imposing tolls and the use of stickers on vehicles, for export of Limestone and Boulders from Umdud, to the Land Customs Station Bholaganj.

“The respondent No 6 (Hima Sohra) or through a duly authorized person, in the event that the Dorbar cannot manage the operations/affairs is permitted to charge a customary toll of Rs 200 per vehicle for use of the road (this direction is issued since the contention that the Hima Sohra is maintaining the road, that has not yet been proved otherwise),” the court said.

It said that any over-charging of any sort, or any other levy shall not be permitted to be charged in the course of transport of minerals from the said road, apart from the toll (musur) of Rs 200 as notified.

“The petitioners/exporters are expected to cooperate and to report any infringement and are liberty to bring the same to the notice of this Court,” the court said while asking the Hima Sohra to maintain a record on the amounts received in the collection of the tolls.

It further stated that no export vehicle with valid permits for export shall be stopped or detained by the Hima Sohra, if the said toll has been paid adding that the directions will be in operation until the next date fixed on May 10, for further orders.  

Meanwhile, the court also directed that no further order/notification shall be permitted to be issued or any action be taken under the hand or authority of the Hima Sohra Core Committee.

The sticker which has been sought to imposed by the Hima Sohra Core Committee, considering the fact that the same has been discontinued by the Hima Sohra, shall no longer be enforced or used in any manner in the export of Limestone and Boulderstones from the Bholaganj Land Customs Station, or for use of the export route, it said.

Meanwhile, the court has directed the centre and state governments to file affidavits especially on the factum of the status of the road in question before the next date.