Supreme Court Blames Unauthorised Dhabas, Poor Roads for Fatal Highway Accidents; Orders Nationwide Survey

New Delhi – In a significant exercise of its suo motu jurisdiction, the Supreme Court of India has initiated proceedings to address the systemic failures contributing to fatal highway accidents, describing certain stretches of national highways as "death traps." A bench comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi has directly linked the proliferation of unauthorized roadside eateries ( dhabas ) and poor road maintenance to a recent spate of deadly crashes, ordering a comprehensive survey and detailed reports from key transport authorities.

The Court's intervention, registered as SMW(C) No. 9/2025 - In Re: Phalodi Accident , was prompted by news reports of two horrific accidents in Rajasthan and Telangana, which collectively claimed nearly 40 lives. The bench has directed the National Highways Authority of India (NHAI) and the Ministry of Road Transport and Highways (MoRTH) to submit their findings within two weeks, setting the stage for a potential overhaul of highway safety regulations and enforcement mechanisms.

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The Nexus Between Unauthorised Dhabas and Fatal Collisions

At the heart of the Court's concern is the dangerous practice of heavy vehicles parking haphazardly near unauthorized dhabas that have mushroomed along the edges of national highways. During the hearing, Justice Maheshwari articulated the direct causal link observed by the bench.

"The situation is that the dhabas are situated on the bank of the road which is not notified for this. People stop their trucks and go to the dhabas. And the other vehicles coming on speed collide with them," he remarked.

The Court's order elaborates on this dangerous phenomenon, noting that such establishments often operate on land not designated for commercial use, lacking proper entry, exit, and parking infrastructure. This forces trucks and other large vehicles to park directly on or dangerously close to the carriageway, creating static, often unlit, obstacles for other motorists.

"Dhabas have been opened by the general public on areas which are not available for them to open dhabas," the Court's order stated. "In consequence, the vehicles go and park there. The other vehicles are not in a position to see the standing vehicles on the road, colliding with such vehicles."

The tragic accident in Phalodi, Rajasthan, on November 2, where a tempo traveller carrying pilgrims crashed into a stationary truck parked near an eatery on the Bharatmala highway, was cited as a prime example of this deadly pattern. This incident alone resulted in at least 15 fatalities.

The Court has mandated that the NHAI and MoRTH conduct a survey within two weeks to identify and quantify the number of such unauthorized dhabas operating along the highways where the accidents occurred. This directive signals a clear intent to move beyond addressing individual accidents and tackle the underlying regulatory failure that permits such hazards to exist.

Accountability for Poor Road Maintenance Despite Toll Collection

The bench also cast a critical eye on the deteriorating condition of national highways, questioning the value proposition for citizens who pay tolls for roads that remain unsafe. The Court expressed its disapproval of the apparent lack of accountability for contractors and authorities responsible for highway upkeep.

"The road conditions are not good though tolls are being charged," the order explicitly noted.

This observation elevates the issue from one of mere negligence to a breach of a quasi-contractual duty owed to the public. By collecting tolls, authorities implicitly promise a certain standard of safety and maintenance, a promise the Court suggests is being broken.

The reports demanded from NHAI and MoRTH must therefore include a comprehensive assessment of road conditions and a verification of whether maintenance contractors are adhering to prescribed safety norms and standards. This line of inquiry could have significant legal ramifications for the liability framework governing highway construction and maintenance contracts, potentially making it easier for accident victims to claim damages against both contractors and the sanctioning authorities.

Widening the Scope: Impleading MHA and State Governments

Recognizing that a lasting solution requires a multi-agency approach, the Supreme Court has ordered the impleadment of the Union Ministry of Home Affairs and the Chief Secretaries of the respective states through which the highways pass. This strategic move ensures that the responsibility for enforcement, land-use regulation, and policing is brought under the judicial scanner.

The involvement of State Chief Secretaries is crucial, as the regulation of land use and the granting of licenses for commercial establishments often fall under state jurisdiction. The Court's action suggests an acknowledgment that the problem of unauthorized dhabas is a failure of local and state-level governance as much as it is a highway management issue.

"We have to understand how this can be regulated," Justice Maheshwari stated, emphasizing the Court's objective to devise systemic reforms rather than issue narrow, incident-specific directives.

Legal and Systemic Implications

The Supreme Court's suo motu intervention represents a powerful instance of judicial activism in the realm of public safety. By taking up this matter, the Court is reinforcing the principle that the right to life under Article 21 of the Constitution includes the right to safe travel on public roads.

For the legal community, this case opens several important avenues:

1. Public Interest Litigation (PIL): The case serves as a template for future PILs aimed at enforcing accountability from public authorities on infrastructure and safety issues.

2. Tortious Liability: The Court’s observations on poor maintenance despite toll collection could strengthen negligence claims against NHAI and its contractors in the Motor Accidents Claims Tribunal (MACT) and civil courts.

3. Administrative Law: The proceedings will scrutinize the administrative and regulatory frameworks governing highway management, land use, and the enforcement of contracts, potentially leading to judicially-mandated reforms.

4. Land Use and Zoning Law: The focus on "not notified" areas for dhabas highlights the critical need for stricter enforcement of zoning regulations along transportation corridors.

As India continues to expand its highway network, the Supreme Court's proactive stance is a crucial wake-up call. The directive seeks not only accountability for recent tragedies but also aims to compel a systemic shift towards prioritizing human life over administrative apathy and commercial encroachment. The forthcoming reports from the NHAI and MoRTH will be keenly watched, as they will likely form the basis for comprehensive guidelines to ensure that India’s highways cease to be corridors of death.