Meghalaya High Court
Date Of Order: 10.12.2025 vs The State Of Meghalaya on 10 December, 2025
Author: H.S. Thangkhiew
Bench: H.S. Thangkhiew
2025:MLHC:1205-DB
Serial No.06 HIGH COURT OF MEGHALAYA
Daily List AT SHILLONG
PIL No.10/2025
Date of order: 10.12.2025
Registrar General, High Court of Meghalaya ..... Petitioner
Vs.
1. The State of Meghalaya, represented by the Chief Secretary,
Government of Meghalaya.
2. The Union of India, represented by the Secretary to the Government
of India, Ministry of Road Transport and Highways (MoRTH),
Transport Bhawan 1, Parliament Street, New Delhi 10001.
..... Respondents
Coram:
Hon'ble Mr. Justice Soumen Sen, Chief Justice
Hon'ble Mr. Justice H.S. Thangkhiew, Judge
Appearance:
For the Petitioner : None
For the Respondents : Mr. K. Khan, AAG with
Mr. A.H. Kharwanlang, Addl.Sr.GA
Dr. N. Mozika, DSGI with
Ms. K. Gurung, Adv
i) Whether approved for Yes/No
reporting in Law journals etc.:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT:(per the Hon'ble, the Chief Justice) (Oral) The petitioner is not represented.
2. The status report filed in compliance of the order dated 27.10.2025 is taken on record. In the absence of any response to the said Page 1 of 6 2025:MLHC:1205-DB affidavit, we dispose of this public interest litigation (PIL) by directing the Deputy Commissioner and Superintendent of Police of the respective Districts to ensure that the protocol mentioned in paragraphs 4 and 7 of the report is strictly adhered to while considering any request for permission or issuance of NOC for organizing fishing competitions. For better understanding and appreciation of the protocol, reference is made to the letter dated 11.11.2025, being Annexure-A to the said affidavit, in which the steps to be taken by the office of the Sub- Division concerned with regard to the fishing competition are as follows:
"1. .....
3. After receiving the verification report from the Police Department and the NOC from the Fisheries/Taxation Department the permission is granted and subject to the conditions as stipulated thereunder:-
a. The organiser should complete the FISHING COMPETITION within the stipulated time. b. Under no circumstances there should be any deviation from the permitted place.
c. The Organisers should strictly ensure that there should not be any disruption of normal flow of vehicular traffic and pedestrians in the area. Co-ordination to be maintained with the Traffic In-charge of the nearest Police Station. d. Organizers are to ensure that all vehicles are parked in the designated parking space. Any violation will attract the provision of section 39 (1) read together with section 37 (1) of the Control of the National Highways (Land and Traffic) Act. 2002.Page 2 of 6
2025:MLHC:1205-DB e. The organiser should ensure that the Order of the Hon'ble Supreme Court of India is strictly adhered to with regard to the use of PA system during the event.
f. Audio system used should be fitted with sound limiter. Organiser to maintain the ambient noise level within the prescribed limit of the Noise Pollution (Regulation and Control) Rules, 2000 as Amended i.e.
(i) In industrial emission of sound level is 75 dB (A) Leq during daytime and 70 during night time.
(ii) Commercial area emission of sound level is 65 dB (A) Leq during daytime and 55 during night time.
(iii) Residential area emission of sound level is 55 dB (A) Leq during daytime and 45 during night time.
(iv) Silence zone emission of sound level is 50 dB (A) Leq during daytime and 40 during night time.
g. The Organisers should ensure that the Judgement Passed by the Supreme Court of India in Writ Petition (CRL) No.77of 2007 dated 16/4/2009. In Re: Destructions of Public and Private There shall be no game of chance which amount to gambling. Any violation will attract the provisions of the Meghalaya Prevention of Gambling Act, 1970.
h. Alcohol is not allowed for sale, for consumption nor as an item prize. Any untoward incident which may happen before after and during the event leading to breach of peace and public tranquility would be the sole responsibility of the organisers and they would be liable for legal action as per Law. i. The Organisers are to strictly maintain cleanliness in and around the area during and after the event.
j. Also, an undertaking is executed by organizer to abide by the conditions imposed by the authority.
Any violation of the conditions mentioned above would lead to cancellation of the permission and the applicant would be solely responsible for the same."
3. All the no-objections and clearances of the authorities concerned, departments and the Durbar Shnong are to be carefully examined by the Deputy Commissioner. The Deputy Commissioner Page 3 of 6 2025:MLHC:1205-DB concerned while processing the application for permission for organizing fishing competition would consider the fulfilment of certain conditions, which inter alia, include:
"a. A person intending to organize a fishing competition in any area is required to obtain prior permission of the Deputy Commissioner of the concerned area.
b. It is submitted that in order to obtain the permission of the Deputy Commissioner, the organizers of the fishing competition are required to submit an application for the said purpose. The said application contains details pertaining to the holding of the fishing competition with respect to the time and venue of the event, the designated parking facility of the vehicles and so on. c. It is submitted that the said application is forwarded by the Deputy Commissioner to the concerned authority of the Police department, such as Superintendent of Police, who assesses the feasibility and suitability of organizing such an event, keeping in view the law-and-order situation of the area where the event is proposed to be organized.
d. It is submitted that if the Superintendent of Police is satisfied with the arrangements proposed by the organizer, the Superintendent of Police accordingly issues a no objection certificate. Further, the Superintendent Police makes certain recommendations and suggestions as well with regard to the holding of fishing competition, keeping in view the smooth movement of vehicular traffic.
e. It is submitted that the application of the organizer is also forwarded to the Block Development Officer, who prepares and submits to the Deputy Commissioner, a feasibility report concerning the holding of proposed fishing competition. The Block Development officer prepares the said report based on the spot inspection and verification conducted by the concerned Gram Sevak. The report prepared by the Block Development Officer examines the location of the proposed site of fishing competition from the nearest Public Works Department Road, so that the movement of the vehicles and pedestrians is not restricted. The Block Development Officer further assesses the Page 4 of 6 2025:MLHC:1205-DB availability of adequate open space for parking of vehicles at or near the venue, which can accommodate the participants and visitors without causing any obstruction to the public movement. An evaluation of adequate arrangements of volunteers by the organizers is also done in order to regulate the crowd and maintain order during the event. Based on these factors, the Block Development Officer makes recommendations of feasibility and suitability of holding fishing competition at the proposed site. f. It is submitted that the organizer is further required to obtain no objection certificates from the Office of the Superintendent of Taxes, Office of the Superintendent of the Fisheries, and Dorbar Shnong of the respective village, which authorities make a likewise assessment of the feasibility of conducting the fishing competition, based on adequate arrangements."
4. It is needless to mention that the grant of permission for organizing a fishing competition is subject to the concurrence of multiple authorities, including inter alia, the Superintendent of Police, the Block Development Officer concerned and the Fisheries Department, each of whom would be required to furnish the requisite recommendation or clearance within the sphere of their jurisdiction and it is expected that all of them shall adhere to the norms and protocols before granting permissions. In the event, the organizer flouts any of the terms and conditions as stipulated in the order granting such permission, immediate action should be taken against the organizer under the relevant provisions of law, depending upon the nature of the violation, such as the Motor Vehicles Act, 1998 and the Control of National Highways (land and traffic) Act, 2002.
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2025:MLHC:1205-DB
5. In view of the above direction and observation, this PIL is disposed of.
(H.S. Thangkhiew) (Soumen Sen)
Judge Chief Justice
Page 6 of 6
Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2025.12.10 20:47:47 IST