Duty Of Central Government To Keep Highways Free Of Encroachment: Supreme Court Issues Directions

The Supreme Court has issued various directions to the Union Government and Highway Administration for the removal of encroachments on National Highways, while expressing dissatisfaction over ineffective implementation of statutory provisions under the Control of National Highways (Land and Traffic) Act, 2002.The directions include – The Union of India and Highway Administration must widely publicize the Rajmargyatra app (to register encroachment complaints), issue SOP for highway inspection teams, and form surveillance teams with State Police for highway patrolling.The authorities also have to consider and implement the suggestions by Amicus Curiae Swati Ghildiyal which included issuing circulars on inspection teams, creating surveillance teams, installing CCTV cameras, and improving the Rajmargyatra app and grievance portal.A bench of Justice Abhay S Oka and Justice Augustine George Masih issued the directions in a writ petition raising issues relating to the safety of National Highways and the implementation of the 2002 Act and Highway Administration Rules, 2004.“In fact, under the 2002 Act, there is a provision in the form of Section 23, which stipulates that highway land shall be deemed to be the property of the Central Government. Therefore, it is the obligation of the Central Government to maintain the National Highways. The maintenance of highways includes the obligation to keep them in good condition. It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce the possibility of accidents”, the Court observed.The petitioner, Gyan Prakashm relied on data from the “Road Accidents in India – 2017” report to submit that 53,181 persons were killed on Indian highways that year. He contended that the lack of enforcement under the 2002 Act contributed to unsafe conditions and sought comprehensive directions.Section 3 of the 2002 Act empowers the Central Government to establish Highway Administrations. Sections 24 and 26 deal with prevention and removal of unauthorised occupation of highway land. The Court explained that while sub-sections (2) to (6) of Section 26 prescribe a notice-based procedure compliant with principles of natural justice, sub-sections (7) and (8) permit immediate removal in urgent circumstances.The Court noted that the Central Government is obliged to maintain National Highways under the National Highways Act, 1956, and that includes preventing encroachments. A notification issued on September 16, 2019, constituted the Highway Administration, consisting of senior officials from MoRTH, NHAI, and NHIDCL.The Court also took note of the Highway Administration (Amendment) Rules, 2019, which substituted Rule 3 of the 2004 Rules. The amended rule imposes specific duties on the Highway Administration, such as formulating policies, issuing SOPs, regulating traffic, and monitoring enforcement. However, the Court found no material on record to show compliance with these duties.The Court further noted that the toll-free number (1033) allows reporting of accidents and unsafe conditions, it was not clear whether encroachment complaints were being accepted. Similarly, the mobile app “Rajmargyatra” allows geo-tagged submissions and tracks grievances but there is no clarity on redressal and feedback mechanisms, the Court noted.The Court noted that the app is under revamp and that NHAI is developing a dedicated portal with options for tracking complaints and filing appeals.Ultimately, the Court issued the following directions:1. The Highway Administration under Section 3 of the 2002 Act must file an affidavit within three months through Joint Secretary, Highways, MoRTH, detailing steps taken to discharge duties under Rule 3 of the 2004 Rules as amended in 2019.2. The Union of India and the Highway Administration must give wide publicity to the Rajmargyatra app through print, electronic, as well as social media, and ensure visibility at toll and food plazas within three months.3. The Joint Secretary, Highways, MoRTH must file details of complaints received via the app, including those about unauthorised occupation, and actions taken. NHAI must also report compliance regarding creation of a grievance redressal portal within three months.4. The Highway Administration must issue a detailed SOP for constitution and functioning of highway inspection teams.5. The Union Government must constitute surveillance teams comprising State Police or other forces for highway patrolling. Compliance is to be reported within three months.6. The Highway Administration and its members must consider and implement the suggestions submitted by the amicus curiae on October 5, 2024, after discussion in a formal meeting.On October 5, 2024, Amicus Curiae Swati Ghildiyal submitted a note suggesting several measures to improve highway safety and enforcement of the 2002 Act. She recommended issuing detailed circulars outlining the constitution, duties, and inspection...

Duty Of Central Government To Keep Highways Free Of Encroachment: Supreme Court Issues Directions

Amisha Shrivastava

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