HILARIOUS YMBON Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)
HIGH COURT OF MEGHALAYA
National Highway Authority Of India (Nhai)
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BISWANATH SOMADDER,J. -
(1.) On 11th February, 2021, we had issued a direction upon respondent No. 3, namely, the General Manager-Cum-Project Director, NHAI, Shillong, to clarify as to why no explanation for cancellation was put forth in the letter dated 10th September, 2018. The letter dated 10th September, 2018, has now been annexed to an affidavit filed on behalf of the said respondent No. 3, wherefrom it appears that the reason for cancellation of the proposal of the writ petitioner is due to the order of the Hon'ble Supreme Court which has been annexed by the writ petitioner in his writ petition (at pages 83 and 84). The Supreme Court's order dated 6th November, 2015, makes it clear that till the requisite number of integrated check-posts are set up as per the existing policy of the State, the existing weighbridge, whether private or Government, shall not be discontinued.
(2.) In the facts of the instant case, there is no existence of any weighbridge of the writ petitioner. In fact, there was only a proposal of the writ petitioner for an access of permission for installation of weighbridge on RHS at Km. 19.5486 at village ' Shangbangla on Jorabat-Barapani Road, NH-6. As such, the return of the proposal of the writ petitioner is justified in the facts and circumstances of the instant case. However, it is evident that the writ petitioner has not yet been refunded the license fee of Rs. 1,50,000/- and the same is required to be refunded forthwith by the concerned respondent authority, namely, the respondent No. 2.
(3.) We, therefore, dispose of the writ petition with a direction upon the respondent No. 2, namely, Regional Officer, Guwahati, Ministry of Road Transport and Highways, to refund the license fee of the writ petitioner, forthwith.;
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