The Tripura High Court has called for a systemic audit of the functioning of the National Highways Authority of India (NHAI) and National Highways & Infrastructure Development Corporation Limited (NHIDCL), expressing concern over the deterioration of National Highways constructed at substantial public cost.

The Court observed that reports of highways disintegrating soon after construction, and sometimes even before the first monsoon, raise serious questions regarding the quality of construction, supervision and accountability of the agencies responsible for their development and maintenance.

“It is high time the Union of India starts a systemic audit of the working of the NHAI and NHIDCL as newspaper reports are full nowadays of National Highways built at a huge cost disintegrating sometimes even before their inauguration or shortly thereafter and even before the first monsoon season or immediately thereafter.” 

Background:

The proceedings arose from newspaper reports highlighting the poor and deteriorating condition of stretches of National Highways 108B and 208 in Tripura. The Tripura High Court took suo motu cognizance of the issue and impleaded NHIDCL as a respondent. 

The State Government stated that these highways were under the exclusive management of NHIDCL. Despite their construction or completion, several stretches developed cracks, pavement distress, potholes, waterlogging and other structural defects, particularly during successive monsoons. 

The Court thereafter directed the District Legal Services Authority, Khowai, to inspect the affected stretches. Its report recorded extensive defects and categorised several locations as posing a high risk to road users.

The Court held that NHIDCL owes a continuing duty of care to highway users, even where construction and maintenance are outsourced to EPC contractors. The Corporation cannot avoid responsibility by attributing defects solely to its contractors. 

The Bench found serious and recurring defects in NH-108B and NH-208, including potholes, pavement distress and drainage failures. It noted that major defects appeared on a stretch of NH-108B soon after its completion, suggesting possible poor-quality work and inadequate supervision by NHIDCL. 

The Court also criticised the repeated extensions granted to EPC contractors and NHIDCL's delay in taking remedial measures, including its decision to wait nearly a year for the CSIR-CRRI report despite having its own engineering staff. 

Emphasising accountability of public authorities, the Court observed that the recurring deterioration of newly constructed highways warranted a systemic audit of NHAI and NHIDCL. 

The Court consequently directed the Union Government to inquire into possible corruption in contractor selection and collusion between NHIDCL officials and EPC contractors leading to the use of substandard materials.

Case Name: Court on its own motion v/s The Union of India

Case No.: WP (C) (PIL) No.06 of 2026

Date of Decision: 08.09.2026

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