Today, On 27th August, The Supreme Court directed the Central Government to establish teams specifically tasked with inspecting and removing encroachments on national highways. This move aims to ensure the smooth flow of traffic and maintain the integrity of these vital roadways.
New Delhi: Expressing concern over the increasing encroachments on national and state highways, the Supreme Court on Tuesday instructed the Union Ministry of Road Transport and Highways (MORTH) to establish separate teams for the regular and frequent inspection of roads to detect and address unauthorized occupations.
A bench comprising Justices Abhay S. Oka and Augustine George Masih further directed the ministry to develop a portal that would allow the public to report and upload photographs of highway encroachments.
Read Also: Gujarat High Court: Warning to National Highway Authority of India on Land Issues
Additionally, the court ordered the Centre to widely publicize this portal and to set up a toll-free number where citizens can report encroachments and unauthorized occupations on highways.
The Supreme Court was hearing a Public Interest Litigation (PIL) filed by Gyan Prakash, who sought the implementation of the Control of National Highways (Land and Traffic) Act, 2002, and the removal of encroachments from highways. Advocate Swati Ghildiyal, appointed as amicus curiae by the court to assist in the case, mentioned a circular issued by the ministry on March 18, 2020, which mandated the formation of teams to regularly inspect highways for encroachments.
She emphasized that to effectively prevent encroachments on highways, it is essential for dedicated teams to conduct regular inspections and report any unauthorized occupations to the competent authority for removal.
In response, the bench directed the Ministry of Road Transport and Highways to form appropriate inspection teams and called on state governments to support these teams in clearing encroachments from the highways. The court ordered the Centre to comply with these instructions by September 30 and requested the ministry to provide data on the actions taken under the March 18, 2020 circular, which mandated the creation of teams for highway inspections and the identification of encroachments.
The bench also indicated that it would issue further directions regarding state highways and scheduled the matter for a hearing on October 14. On April 30, the Supreme Court expressed dissatisfaction with the data provided by the ministry concerning the formation of inspection teams as required by the March 18, 2020 circular, noting the lack of frequent inspections to detect encroachments on national highways.
The Supreme Court stated,
“Prima facie, we are not satisfied with the action taken as reflected in the statistics regarding the removal of encroachments on highways as outlined in Section 26 of the Control of National Highways (Land and Traffic) Act, 2002.”
The court directed the Ministry of Road Transport and Highways (MORTH) to submit a detailed affidavit documenting the inspections conducted on national highways and the actions taken to remove encroachments in the states of Assam, Gujarat, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh, and West Bengal. The court requested data on inspections and encroachment removal actions conducted by the inspection teams in these states up until June 30, 2024.
The bench observed that, according to MORTH’s earlier affidavit, although a large number of notices had been issued since April 2023 regarding highway encroachments, actual removal actions seemed to have been taken only on a limited number of structures or occupations.
The court further directed,
“MORTH will draw the attention of the concerned states to this matter. We also clarify that wherever local administration and police assistance is needed to take action under Section 26 of the 2002 Act, such support must be provided by the state authorities. MORTH will forward a copy of this order to all relevant revenue and police authorities in the states.”
On February 20, the Supreme Court highlighted the lack of a proper mechanism for conducting surveys of highways under the jurisdiction of various highway administrations to determine whether unauthorized structures or occupations exist on highway land.
The court remarked,
“Unless regular surveys are conducted, highway administrations will have no means of identifying unauthorized occupations on highway land. Judicial notice must be taken of the fact that unauthorized encroachments on highway land occur in different parts of India,”
The court emphasized that under the 2002 law, the highway authority is required to intervene when a highway becomes congested or unsafe for vehicular and pedestrian traffic. It also noted the absence of a system allowing citizens to report unauthorized occupations and congestion on highways.
Reviewing the ministry’s affidavit, the court observed that the existing mechanism seems to exist only on paper, with no effective implementation of the 2002 Act’s provisions.
The court ordered,
“We direct the highway administrations to develop a scheme that provides for regular inspections of highways, establishes a grievance redressal mechanism, and ensures prompt action based on complaints,”
The Supreme Court further stated,