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SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ.
Gyan Prakash – Petitioner
Versus
Union of India & Ors. – Respondents
Writ Petition (C) No. 1272 of 2019
Decided On : 21-05-2025
(A) Control of National Highways (Land and Traffic) Act, 2002 – Sections 24 and 26 – National Highways Act, 1956 – Section 4 – Highway Administration Rules, 2004 – Rule 3 – 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 in good condition – It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce possibility of accidents – Duty of Highway Administration includes formulating Standard Operating Procedures (SOP) in respect of delivery of various services and enforcement of provisions of 2002 Act – Nothing is brought on record to demonstrate performance of these duties by Highway Administration – Regarding removal of unauthorised occupation of highway lands, Section 24 of 2002 Act provides for prevention of such occupation – Both provisions of Sections 24 and 26 must be implemented in their true letter and spirit – About regular inspection of Highways, there is a need to issue exhaustive circulars on this aspect setting out names and designations of members of inspection team, frequency of inspections, time intervals of inspections, allocation of highway stretches to respective inspection teams and timely report of encroachments by inspection teams. (Paras 6, 13 and 14)
(B) National Highways Act, 1956 – Section 4 – Control of National Highways (Land and Traffic) Act, 2002 – Sections 24 and 26 – Highway Administration Rules, 2004 – Rule 3 – Safety of National Highways – Removal of unauthorised occupation – Highway Administration constituted under sub-section (1) of Section 3 of 2002 Act directed to place on record steps taken to implement duties and functions of Highway Administration in terms of Rule 3 of 2004 Rules as amended on 16th September 2019 – This direction shall be implemented by Joint Secretary (Highways), MoRTH, by filing affidavit along with necessary documents within three months from today – Highway Administration and Union of India directed to give wide publicity to availability of ‘Rajmargyatra’ mobile application on print, electronic, as well as social media – Information about availability of this mobile application shall be displayed prominently at toll and food plazas on Highways – This direction shall also be implemented within three months from today – Highway Administration directed to file on record details of various categories of complaints lodged on ‘Rajmargyatra’ mobile application, including complaints regarding unauthorised occupation of highway lands and action taken thereon – NHAI directed to report compliance regarding creation of grievance redressal portal for reporting complaints relating to unauthorised occupation of highways – Compliance affidavits shall be filed within three months from today – Highway Administration directed to issue a detailed SOP regarding constitution of teams for inspection of National Highways, including collection of data regarding unauthorised occupation of highway lands – Union of India directed to constitute surveillance teams consisting of State Police or other forces – Duty of surveillance teams will be to do patrolling regularly and punctually – Even this compliance shall be reported within a period of three months from today. (Para 14)
Facts of the case:
A very important issue has been raised in this petition filed under Article 32 of Constitution of India. 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 year 2017 on highways in India. Attention of Court was invited to Control of National Highways (Land and Traffic) Act, 2002 and Highway Administration Rules, 2004. Prayers made are very wide.
Findings of Court:
There is a need to issue exhaustive circulars on this aspect setting out names and designations of members of inspection team, frequency of inspections, time intervals of inspections, allocation of highway stretches to respective inspection teams and timely report of encroachments by inspection teams. It is necessary to constitute a dedicated surveillance team consisting of State Police for manning National Highways. Surveillance teams must constantly carry out patrolling so that there is no unauthorised occupation of highway lands. Highways must be kept under surveillance by CCTV cameras.
Result : Directions issued.
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:
2. In our order dated 10th October, 2023, we had flagged the issue of implementation of the provisions of the Control of National Highways (Land and Traffic) Act, 2002 (for short "2002 Act"). The affidavits have been filed on record which only indicate that the various authorities, as contemplated by Section 3 of the 2002 Act have been constituted and/or appointed. There are very important functions entrusted to the Highway Administrations. One is of prevention of occupation of highway land (Section 24), removal of unauthorised occupation from highway (Section 26), recovery of cost of removal of unauthorized occupation and fine imposed (Section 27), to regulate right of access to highway (Section 28) and regulation of traffic on the highway when situation contemplated by sub-section 2 of Section 31 arises.
3. Firstly, we find that there is no machinery created to carry out survey of highways under the jurisdiction of the various Highway Administrations to ascertain whether there are unauthorized structures or unauthorized occupation of highway land. Unless survey is regularly carried out, the Highway Administrations will have no source of knowing whether there is any unauthorized occupation of highway land. Judicial notice will have to be taken of the fact that in different parts of India, there are unauthorized encroachments on highway land. Under Section 31(2) of the 2002 Act, it is provided that the Highway Authority must step in when highway becomes congested or unsafe for vehicular and pedestrian traffic.
4. There is no machinery provided to the citizens to complain about unauthorized occupation of the highway land, congestion or other situation contemplated by sub-section 2 of Section 31 of the 2002 Act. There is no grievance redressal mechanism created for the benefit of the citizens. Unless such grievance redressal mechanism is developed and wide publicity is given to the existence of mechanism, the citizens will not have any opportunity to lodge complaints with the Highway Administrations. Moreover, by some method, periodical survey of the highways under the jurisdiction of Highway Administration has to be carried out with a view to ensure that the highways are kept free of encroachments.
5. After reading the affidavits of the Highway Administrations, one gets an impression that the machinery is available only on paper and there is no effective implementation of the provisions of the 2002 Act. We direct the Highways Administrations to come out with a scheme which will provide for regular inspection of the highways, for establishment of grievance redressal mechanism and for taking prompt action on the basis of the complaints.
6. After carrying out survey, the Highway Administrations will have to exe
(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.
Court emphasized the need for compliance with the Control of National Highway (Land and Traffic) Act for the removal of unauthorized encroachments and set a timeframe for action.
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