HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 12738/2024 Rai Chand Choudhary S/o Shri Bhura Ram Choudhary ----Petitioner Versus The Union Of India ----Respondent Connected with D.B. Civil Writ Petition No. 4337/2020 For Petitioner(s) : Mr. Dharmendra Choudhary for Mr. Kamlesh Raj Mr. Nitin Jain with Ms. Kriti Kalawatiya Mr. Vaibhav Pareek For Respondent(s) : Mr. Bharat Vyas, ASG Mr. Akhil Simlote with Mr. Ashwini Raj Tanwar Ms. Shikha Sharma for Mr. GS Gill, AAG Mr. Ayush Sharma for Mr. Amit Kari Mr. Sandeep Pathak HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/03/2026 Mr. Bharat Vyas, learned Additional Solicitor General at the threshold submits that the issue involved in the present matter has already been dealt with by a Coordinate Bench of this Hon’ble Court at Jodhpur in D.B. Civil Writ Petition No.24826/2025 Him- mat Singh Gehlot Vs. State of Rajasthan & Ors., in which final orders have been passed regarding the compliance, which are as follows:-

“15. In order to operationalise the above directions in a structured, accountable and preventive manner across the State, this Court further directs as under:

A. Declaration of Legal Position:

All occupations within the ROW/road land boundary of National and State Highways shall be treated as per se illegal and incapable of regularisation.

B. Administrative Supervision and Institutional Mechanism:

Respondent Nos. 1, 2, and 3 along with the respec-

tive Collector and the Commissioner District of Police/Su- perintendent of Police shall bear overall responsibility of execution, and shall, within seven days, constitute a Dis- trict Highway Safety Task Force comprising officers of the District Administration, Police, NHAI, PWD and concerned local bodies for coordinated demarcation and removal ac-

tion.

The District Collector shall maintain minutes of all meetings and proceedings undertaken by the Task Force at district level.

C. Scientific Demarcation and Identification Process:

Demarcation of the ROW/road land boundary/build-

ing line/control line shall be carried out with videography, GPS coordinates and GIS mapping.

A district-wise Encroachment Register shall be main-

tained containing photographs, geo-coordinates and par-

ticulars of each identified occupation.

Accident-prone and identified blackspot stretches shall be prioritised for immediate demarcation and action.

D. Regulatory and Preventive Measures:

No department, authority or local body shall grant or renew any licence, NOC, permission, utility connection or trade approval for any site falling within Highway safety zones without prior clearance from NHAI/PWD, as the case may be.

Existing licences, NOCs or permissions in respect of such sites shall be reviewed within 15 days and kept in abeyance upon detection of violation.

After removal of encroachments, permanent bound-

ary markers and caution boards shall be installed to pre- vent future occupation. Police authorities shall provide necessary protection dur-

ing the removal process and shall take preventive mea- sures to ensure that re-encroachment does not occur on the de-

marcated Highway safety zones.

E. Accountability, Reporting and Future Compliance:

Responsibility of officers for compliance of these di-

rections shall be specifically indicated in the status report to be filed before this Court.

Compliance affidavits shall be filed by Respondent Nos. 1, 2, and 3 after completion of the exercise.

The State shall indicate a definite timeline for fram-

ing rules under Sections 138(1A) and 210-D of the Motor Vehicles Act, 1988 regulating roadside activities and ac-

cess control.

Periodic Highway safety audits, in coordination with NHAI/PWD, shall be institutionalised and reflected in the status report.

16. List the matter on 10.03.2026 for further monitoring of compliance.”

Learned ASG submits that after these exhaustive directions, the monitoring has also been done and the matter is listed today before this Court.

Learned