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J. K. MAHESHWARI, ATUL S. CHANDURKAR
In Re: Phalodi Accident – Appellant
Versus
National Highways Authority Of India – Respondent
Key Points: - The State has a positive obligation under Article 21 to ensure road safety and protect human life, requiring immediate systemic reforms (!) . - Interim directions prohibit unauthorized roadside structures and mandate establishment of safety task forces with defined timelines (e.g., 60 days for certain measures) (!) (!) . - Notable directives include prohibiting new encroachments within ROW, requiring NHAI/PWD clearance for licenses, and forming District Highway Safety Task Forces in districts with National Highways (!) (!) . - Requirements for reporting: consolidated reports within 30 days on inspections, encroachments, and compliance status; drone surveys and grievance modules; and a final compliance report in tabular form within 75 days (!) (!) (!) . - Operationalization of ATMS and associated equipment across highways with timelines (60 days for compliance and 60 days for making non-operational units functional) (!) . - Emergency response improvements: deployment of BLS ambulances and recovery cranes within 60 days and truck lay-by facilities every 75 km (!) (!) . - Creation of surveillance, patrolling, and lighting initiatives, including high-mast lighting and accident blackspot policy (!) (!) . - Inter-State Highway Safety Coordination Committee to standardize enforcement across states within 60 days (!) . - The order is issued under Article 142 of the Constitution and emphasizes strict timelines due to the urgency of life preservation (!) .
| Table of Content |
|---|
| 1. court's cognizance of road safety issues. (Para 1) |
| 2. recommendations for improving highway safety. (Para 2) |
| 3. interim directions for immediate safety measures. (Para 3 , 4) |
| 4. right to life under article 21. (Para 5) |
| 5. compliance and coordination for enforcement. (Para 6 , 7 , 8) |
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 i
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 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....
(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 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.
Criminal liability under Section 304A IPC requires clear evidence linking negligence directly to the cause of death.
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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