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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Gyan Prakash – Appellant
Versus
Union of India – Respondent
What is the obligation of the Central Government to maintain National Highways, including removal of encroachments and safety measures? What is the procedure and mechanism for removal of unauthorised occupation of highway lands under the 2002 Act (Sections 24, 26) and related rules? What steps and reforms did the Supreme Court direct to improve survey, inspection, grievance redressal, and public reporting for encroachments on National Highways?
Key Points: - (!) The petition concerns safety of National Highways and enforcement of the 2002 Act and 2004 Rules. - (!) There is a need for regular survey of highways to detect unauthorized structures or occupation. - (!) Court directed highways authorities to devise a scheme for regular inspections, grievance redressal, and prompt action on encroachments. - (!) The Court requires action under Section 26 to remove encroachments and Section 24 for prevention. - (!) The Highway Administration’s composition and responsibilities under the 2002 Act and 2019 amendment are outlined. - (!) Lack of effective action in compliance affidavits; directives to file state-wise compliance data by dates. - (!) Directions to establish a portal/ toll-free mechanism and publicity for reporting encroachments and complaints. - (!) Time-bound implementation deadlines (e.g., by 30 Sept 2024; subsequent hearings). - (!) Provisions establishing Highway Administrations and their powers. - (!) Rule 3 of the 2004 Rules (post-2019 amendment) outlines duties including SOPs and policy implementation. - (!) - (!) Specific mandatories from the continuing directions on publicizing Rajmargyatra, complaint categories, and inspection teams, with timelines. - (!) List for reporting compliance on 15th September 2025.
ORDER :
ABHAY S. OKA, J.
1. A very important issue has been raised in this petition filed under Article 32 of the Constitution of India. In short, the issue is about the safety of our National Highways. It is pointed out in this petition, based on the report titled “Road Accidents in India – 2017”, that 53,181 persons were killed during the year 2017 on highways in India. Attention of the Court was invited to the Control of National Highways (Land and Traffic) Act, 2002 (for short, ‘the 2002 Act’) and the Highway Administration Rules, 2004 (for short, ‘the 2004 Rules’). The prayers made are very wide. Although there may be some limitations on the writ Court in granting some of the prayers, nevertheless, the issues raised are very important in the context of highway safety.
2. We have heard the petitioner appearing in person, Ms. Swati Ghildiyal, the learned counsel appointed as amicus curiae, Shri K M Nataraj, the learned Additional Solicitor General and Shri Rajiv Pratap Rudy, an intervenor, appearing in person, who is a Member of Parliament. Paragraph Nos. 1 to 7 of the order dated 20th February 2024, passed by this Court read thus:
(1) Safety of National Highways – Removal of unauthorised occupation – It is obligation of Central Government to maintain National Highways – Maintenance of highways includes obligation to keep them ....
Encroachments within the Right of Way (ROW) of National Highways are illegal, threatening public safety and requiring immediate removal and regulatory compliance under constitutional and statutory ma....
The court established the necessity for enhanced inspections and citizen reporting mechanisms on National Highways to address encroachments, linking them to public safety and highway integrity.
Unauthorized occupants of highway land, as defined under Section 2(m) of the Control and National Highways (Land and Traffic) Act, 2002, are subject to eviction under Sections 26 and 27 of the Act, f....
The court emphasized the necessity for authorized personnel to issue eviction notices under the Control of National Highways Act, adhering to procedural requirements to ensure the validity of such ac....
The State has a positive obligation under Article 21 of the Constitution to ensure road safety and protect human life, necessitating immediate and systematic reforms.
Encroachments make further widening of existing roads in response to growing traffic.
The court held that the National Highways Authority of India can acquire land for road safety advocacy as it falls within its statutory functions under the National Highways Act.
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