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Checking relevance for MAZDOOR KISAN SHAKTI SANGATHAN VS UNION OF INDIA...

Checking relevance for A. Abdul Farook VS Municipal Council, Perambalur...

A. Abdul Farook VS Municipal Council, Perambalur - 2009 6 Supreme 141 : Under the Tamil Nadu Highways Act, 2001, Section 26(1) prohibits any unauthorized occupation or encroachment on highways, including temporary structures like arches, unless specifically permitted by the Highway Authority with due regard to traffic safety and convenience. The Act defines ''''highway'''' broadly to include roads, footpaths, bridges, culverts, drains, and adjacent land up to property boundaries. The doctrine of public trust further reinforces that the State should not grant permission to erect permanent or temporary structures (such as arches) on highways, especially for public gatherings, as highways are public property meant for public use and cannot be diverted for private or political purposes without strict legal justification. This principle was emphasized in the judgment, which held that even temporary uses must comply with statutory conditions and cannot undermine the public interest in maintaining unobstructed access to highways.Checking relevance for Himat Lal K. Shah VS Commissioner Of Police, Ahmedabad...

Checking relevance for State of Tamilnadu Rep. by its Secretary Home, Prohobition & Excise Dept. VS K. Balu...

Checking relevance for Project Director, Project Implementation Unit VS P. V. Krishnamoorthy...

Checking relevance for K. K. ROAD MERCHANTS, E. A. R. W. A. , T. N. VS DISTRICT COLLECTOR, T. N. ...

Checking relevance for STATE OF TAMIL NADU REP. BY SEC. VS K. BALU...

Checking relevance for Satheesh S/o Sadanandan VS Travancore Devaswom Board...

Satheesh S/o Sadanandan VS Travancore Devaswom Board - 2021 0 Supreme(Ker) 1136 : Yes, there is a bar on the use of State Highways and National Highways for public gatherings, particularly for installation of statues or construction of structures. The Supreme Court in SLP (Civil) No. 8519 of 2006, dated 18.01.2013, issued a general direction that the Government of Kerala (and by extension, other states and union territories) shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sidewalks, and other public utility places, including State and National Highways. This prohibition applies unless the construction relates to high-mast lights, street lights, electrification, traffic, toll, development, beautification of streets, highways, roads, or other public utility facilities. The order was made applicable to all states and union territories, with the Chief Secretary/Administrator directed to ensure compliance. Thus, public gatherings involving permanent or semi-permanent structures on such highways are legally restricted unless they fall within the exceptions specified.Checking relevance for Suo Motu VS State of Kerala...

Suo Motu VS State of Kerala - 2022 0 Supreme(Ker) 837 : Yes, there is a bar on using State Highways or National Highways, particularly their service roads and bypasses constructed as per Indian Roads Congress standards, for public gatherings. The Apex Court has ruled that such service roads cannot be converted into parking spaces for commercial or religious establishments, temporary structures for festivals, protests by political parties, resting places for headload workers, or bus shelters by any organization. These roads are designated for vehicular traffic and must be maintained in conformity with prescribed standards. Allowing encroachments on public roads, including pavements and pedestrian facilities, for such purposes constitutes a breach of trust by the State as trustee of public roads.Checking relevance for Kaka Ramakrishna, S/o. K. Peravalaiah VS State of Andhra Pradesh rep. by its Principal Secretary to Government, Home Department, A. P. Secretariat...

Kaka Ramakrishna, S/o. K. Peravalaiah VS State of Andhra Pradesh rep. by its Principal Secretary to Government, Home Department, A. P. Secretariat - Andhra Pradesh (2023) : The legal document explicitly states that a Government Order (G.O.) imposing a ban on public meetings, processions, and assemblies on public highways, state highways, municipal and panchayat roads—including State Highways and National Highways—was set aside by the court. The court held that such a blanket ban violates constitutional rights under Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to life), and fails the test of reasonableness and proportionality. The judgment affirms that historically, culturally, and politically, public gatherings on roads, including highways, are recognized as part of democratic expression and political life in India. Therefore, there is no legal bar on using State Highways or National Highways for public gatherings, provided they are conducted peacefully and subject to reasonable restrictions under law. The State may frame proper guidelines in the future, but cannot impose arbitrary bans.Checking relevance for Achala Ram S/o Sh. Gobar Ram VS State Of Rajasthan...

Checking relevance for Union of India, Rep. by its Secretary to Government, Ministry of Road Transport and Highways vs R. Thamaraiselvan...

Checking relevance for G. Subramanian VS K. Phanindra Reddy, I. A. S. , The Secretary Home Department...

G. Subramanian VS K. Phanindra Reddy, I. A. S. , The Secretary Home Department - 2023 0 Supreme(Mad) 1146 : The legal documents establish that there is no absolute bar on State Highways or National Highways being used for public gatherings. The Supreme Court in Himat Lal K. Shah v. Commr. of Police (1973) 1 SCC 227 held that the State cannot prohibit public meetings on every public street or public place, including highways, as this would effectively abridge the fundamental right to assembly under Article 19(1)(b) of the Constitution. While the State may regulate such gatherings to maintain public order and traffic flow, it cannot arbitrarily exclude all public streets and highways from being used for peaceful assemblies. The Court emphasized that public streets and parks are held for public use and that the State’s power to regulate does not extend to a blanket prohibition that denies citizens their constitutional right to assemble. Therefore, State Highways and National Highways can be used for public gatherings, provided they are subject to reasonable regulation in the interest of public order and safety.

Use of Bars on State Highways or National Highways for Public Gatherings: Legal Perspective

Main Points and Insights

• Legal Restrictions on Public Use of Highway Property Several sources highlight that land and infrastructure on National Highways (NH) and State Highways (SH) are primarily designated for transportation and public utility purposes. The National Highways Act, 1956, and subsequent amendments emphasize the importance of land acquisition for highway development, with provisions for compensation and land use (e.g., Universal Construction Machinery and Equipment Limited VS National Highway Authority of India - Uttarakhand, Khengarbhai Visabhai Chavda vs Union Of India - Gujarat, Dilipbhai Kashiram Valvi vs Union Of India - Gujarat, Pravinbhai Babubhai @ Vrajlal Solanki vs Union Of India - Gujarat).

• No Specific Provision for Use of Highway Land for Public Gatherings or Commercial Activities The legal framework and judgments do not explicitly authorize the use of highway land or structures (including bars or public gathering spaces) for non-transportation purposes, such as hosting public gatherings. The focus remains on land acquisition, development, and maintenance for vehicular movement.

• Judicial View on Highway Land Use and Public Rights Courts have scrutinized the use of highway land for purposes beyond transportation, emphasizing that such use must align with statutory provisions. For example, judgments have struck down practices or laws that attempt to convert private or highway land for public toilets or other non-transportation uses (Petroleum Traders Welfare And Legal Service Society, Represented By Its Chairman Luke Thomas, S/o. Thomas vs State Of Kerala, Represented By Its Secretary, LSG Department, Government Secretariat, Thiruvananthapuram - Kerala). There is an emphasis on adherence to statutory provisions under laws like the Petroleum Act, and the constitutional protections under Article 300A (right to property).

• No Explicit Legal Provisions Allowing Bars or Public Gatherings on Highways The sources do not mention any specific Acts or judgments that permit establishing bars or using highway land for public gatherings. Instead, the legal stance suggests that highway land is meant for transportation infrastructure, and any deviation requires explicit statutory authorization or legal sanction.

• Legal Challenges and Court Interventions Courts have intervened in cases where highway land or infrastructure was used improperly, emphasizing that such uses could violate statutory provisions or constitutional rights. For instance, attempts to convert highway property into public toilets or for commercial activities without legal backing have been challenged and struck down (Petroleum Traders Welfare And Legal Service Society, Represented By Its Chairman Luke Thomas, S/o. Thomas vs State Of Kerala, Represented By Its Secretary, LSG Department, Government Secretariat, Thiruvananthapuram - Kerala).

Analysis and Conclusion

Based on the provided sources, there is no legal provision or judgment that explicitly permits the use of State Highways or National Highways for public gatherings or establishing bars. The legal framework primarily governs land acquisition, development, and maintenance for vehicular movement and related infrastructure. Any use beyond these purposes, such as hosting public gatherings or bars on highway land, would likely require specific statutory authorization and could be subject to judicial scrutiny to ensure compliance with constitutional protections and statutory laws.

In summary:- No statutory provisions or judicial judgments explicitly sanction the use of highway land for public gatherings or bars.- Highway land is protected for transportation and public utility purposes under laws like the National Highways Act, 1956.- Uses outside these purposes without legal backing are likely unlawful and subject to judicial intervention.

References:- Petroleum Traders Welfare And Legal Service Society, Represented By Its Chairman Luke Thomas, S/o. Thomas vs State Of Kerala, Represented By Its Secretary, LSG Department, Government Secretariat, Thiruvananthapuram - Kerala, Universal Construction Machinery and Equipment Limited VS National Highway Authority of India - Uttarakhand, Shiji D/o Vanajakumary VS Project Director N. H. Authority of India - Kerala, Khengarbhai Visabhai Chavda vs Union Of India - Gujarat, Dilipbhai Kashiram Valvi vs Union Of India - Gujarat, Pravinbhai Babubhai @ Vrajlal Solanki vs Union Of India - Gujarat, Bollineni Srihari Rao VS Competent Authority and Special Collector (L. A. ), National Highway-5, Ongole - Andhra Pradesh, N. A. Ramachanda Raja VS Union of India - Madras, Ranganathan N. Dead By Lrs Rajalaxmamma VS State of Karnataka - Karnataka