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.

ORDER :

1. Following the tragic loss of 34 lives in successive road accidents on November 2nd and 3rd, 2025, in district – Phalodi¹[ reported in article namely “12 pyres lit together in Jodhpur accident: After 15 deaths on Bharatmala Expressway, authorities launch crackdown, removing illegal roadside dhabas” published on website of Bhaskar English.], Rajasthan, and district – Rangareddy²[ reported in article “19 dead as gravel truck ploughs into govt. bus near Hyderabad” published in “The Hindu” on 4th November, 2025], Telangana, this Court vide order dated 10.11.2025³[ Phalodi Accident, In re, 2025 SCC OnLine SC 2428] took suo-motu cognizance of the systemic negligence and catastrophic infrastructure failures that led to these evitable casualties. Recognizing such lapses as a grave infringement on the right to safe passage and a dereliction of statutory duty by authorities, who addressed illegal encroachments in the aftermath of the tragedies occurred, the Court issued notice to State and National authorities, demanding a comprehensive report on these egregious administrative failures and the resulting threat to public safety. Mr. A.N.S. Nadkarni, Senior Advocate was also appointed as Amicus Curiae to be assisted by Mr. Jai Anant Dehardrai, Advocate-on-Record and Mr. Sughosh Subramanyam, Advocate.

2. Various suggestions and recommendations were accordingly made by the learned Amicus Curiae on 15.02.2026. Thereafter, on 16.02.2026, the learned Solicitor General and the learned Amicus Curiae were directed to sit together and find out the areas in which (i) further deliberations were required, (ii) the areas of improvement and (iii) the areas of immediate improvement for which directions were necessitated.

3. Accordingly, on 16.03.2026, NHAI placed its comments on record. Thereafter on 08.04.2026, an additional affidavit has been filed by the NHAI in response to the interim directions that were proposed to be issued in the proceedings.

4. At the request of the Court, the learned Solicitor General and the learned Amicus Curiae have today jointly tendered suggestions indicating the nature of interim directions that could be considered for being issued during pendency of the present proceedings.

We have considered the said suggestions and recommendations as jointly made by the learned Amicus Curiae and the learned Solicitor General. We find the same to be practical in nature and necessary to be issued. Accordingly, the following interim directions are issued:

a) Prohibition on Authorized Parking – No heavy or commercial vehicle shall park/stop on any National Highway carriageway or paved shoulder except at a designated bay, lay-bye, or Wayside Amenity; enforcement shall be effected through the Advanced Traffic Management System – ATMS real-time alerts to State Police, GPS – timestamped photographic evidence, and integrated eChallan generation.

These directions must be complied with by the officials and personnel of National Highway Authority of India, State Police, State Transport Department. The District Magistrates of the concerned districts shall set-up a standard operating procedure for this purpose as regards periodical inspections and patrolling by all these authorities. These directions must be complied within 60 days from the date of this order.

b) Inspection, Survey and Citizen Grievance – The Highway Administration, NHAI, NHIDCL, and State PWDs shall, within 30 days, file before this Court a consolidated report on –

(i) Composition and schedule of dedicated inspection teams for each highway stretch;

(ii) State-wise encroachments identified, notices issued under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002 –