Meghalaya HC Comments on Repairing Mawphlang-Balat Road

A CORRESPONDENT

SHILLONG: A division bench of the Meghalaya High Court on Wednesday stated that if the Court is to monitor the day-to-day administration of the government, it is not compatible with the functions and duties of the Court.

“Further, it would be left with no time to do regular judicial work,” a division bench of the High Court consisting of Chief Justice I.P. Mukerji and Justice W. Diengdoh stated. The High Court was hearing a Public Interest Litigation (PIL) relating to the repair and strengthening of the Mawphlang-Balat road.

Earlier, the division bench of the High Court, while making some observations, stated that a PIL is an extraordinary remedy. The High Court stated that a PIL is different from the ordinary remedy available in law.

According to the High Court, when a person, a group, or a section of society is aggrieved by any action or inaction of the State and is unable to approach the Court for remedy, for lack of education, awareness, economic power, or social standing, a philanthropic person initiates litigation for their benefit.

“The Court usually does not interfere in the day-to-day administration of the government. It only interferes if there is gross failure of administration, there is such action or inaction on its part that affects the public at large and requires the intervention of the Court, or it is so controlled by wrongdoers that action cannot be expected,” the High Court stated.

The High Court stated that they have noticed that the government has taken steps to repair the road even as it stated that the petitioner needs to be a little patient and wait for it to take remedial action with regard to the stretch between Phlangwanbroi to Khliehriat and Pomblang to Laitumsaw.

The division bench of the High Court, while disposing of the PIL, directed the respondents to pay attention within a reasonable time to the above stretch while carrying out its repair work of the Mawphlang-Balat road. 

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