Back
ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Gyan Prakash – Appellant
Versus
Union Of India – Respondent
How to establish regular inspection teams and assign stretches on National Highways to prevent encroachments? What is the process for creating and uploading reports on a citizen portal and toll-free number for encroachments? What are the deadlines and action-report requirements for implementing the directions on National Highways and extending them to state highways?
Key Points: - The Court directs constituting proper inspection teams for frequent and regular inspection of all National Highways and assigning each team a specific stretch. (!) - The Court directs creating a portal for citizens to lodge complaints with photo and location details, plus a toll-free number; action taken reports to be uploaded on the portal. (!) - The Court grants deadlines: implement the above by 30th September 2024; Amicus Curiae note by 30th September 2024; affidavit of action taken within three weeks from today; next hearing 14th October 2024; extend mechanism to State Highways with directions to be issued on the next date. (!) (!) (!) (!) (!) - The encroachment issue is linked to road safety, and the matter is referred to a committee headed by Justice Abhay Sapre for road safety considerations. (!)
| Table of Content |
|---|
| 1. concern regarding encroachments on national highways. (Para 1) |
| 2. directive for regular inspections and citizen reporting. (Para 2) |
| 3. deadline for the government to implement directives. (Para 3) |
| 4. instructions for amicus curiae to prepare notes. (Para 4) |
| 5. requirement for action report regarding the circular. (Para 5) |
| 6. next hearing date set for further directions. (Para 6) |
| 7. extension of mechanisms to state highways. (Para 7) |
| 8. connection between encroachments and road safety. (Para 8) |
ORDER :
1. Ms. Swati Ghildiyal, learned Amicus Curiae, has pointed out that a circular dated 18th March, 2024 has been issued by the Ministry of Road Transport & Highways, Government of India. Her concern is that if the encroachments on National Highways are to be prevented and removed, proper inspection teams must be constituted for regular inspection of Highways. She pointed out that the inspection frequency laid down in the Circular dated 18th March 2024 is the same as prescribed at the construction stage. This will not work.
2. Therefore, we direct the Ministry of Road Transport & Highways to constitute proper teams for frequent and regular inspection of all National Highways to
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.
(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 ....
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.
Highways authorities must remove encroachments on national highway land after hearing parties and due process.
Highway authorities must consider petitioner's representation and documents before enforcing removal of identified encroachments under Section 28(2)(ii) of the Highways Act following final notice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
