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Synopsis

The Supreme Court has directed the Ministry of Road Transport & Highways to constitute proper teams for frequent and regular inspection of all National Highways to ascertain whether there are encroachments over there.

A bench of Justices Abhay S Oka and Augustine George Masih issued a slew of directions, including creation of a portal for the citizens to report the encroachment and uploading of the action taken report.

The court directed the Union government to implement its directions by September 30, 2024.

"There is a committee set up by this court dealing with the issue of road safety, headed by Justice Abhay M Sapre, a former judge of this court. The issue of encroachments on Highways has a nexus with road safety. Therefore, the Registry shall forward a copy of this order and copies of the orders which may be passed hereafter to the said committee," the bench said.

The court also clarified that the mechanism made available for the National Highways must be extended to the State Highways.

"We propose to issue the necessary directions on this behalf on the next date," the bench said, fixing the matter for consideration on October 14.

The bench granted time of one month to the amicus curiae Swati Ghildiyal to prepare a note on various issues which arise on which the directions of this court are necessary. 

"The note shall be provided by Amicus Curie by 30th September, 2024. We direct the Ministry of Road Transport & Highways, Government of India, to place on record the details of the action taken in terms of the Circular dated 18th March 2024. The data shall be placed on record in the form of an affidavit within three weeks from today," the bench said.

In her submission, the amicus curiae pointed out that a circular dated March 18, 2024 had been issued by the Ministry of Road Transport & Highways, Government of India. 

Her concern was that if the encroachments on National Highways are to be prevented and removed, proper inspection teams must be constituted for regular inspection of Highways. She pointed out that the inspection frequency laid down in the Circular dated 18th March 2024 is the same as prescribed at the construction stage. This will not work, the bench recorded in its order on August 27 in a writ petition filed by one Gyan Prakash.

While directing regular inspection, the court said, "A mechanism should be created to ensure that the Inspecting Teams, after finding encroachments, immediately report to the competent authority empowered to remove encroachment."

"The Ministry shall also develop a portal where citizens can lodge complaints about the encroachments on Highways. On the portal, citizens should be able to upload photographs and location details of the encroached portions. Moreover, a facility must be also created of a toll free number to report encroachments. Action taken reports based on the complaints shall also be uploaded on the portal," the bench said.

The court also underscored that it is also necessary for the Ministry to give wide publicity about the availability of the facility portal and toll-free number on all National Highways and in the media so that citizens are made aware of the facility's existence.

The court had earlier noted there was no machinery created to carry out survey of highways under the jurisdiction of the various Highway Administrations to ascertain whether there are unauthorized structures or unauthorized occupation of highway land. 

"Unless survey is regularly carried out, the Highway Administrations will have no source of knowing whether there is any unauthorized occupation of highway land. Judicial notice will have to be taken of the fact that in different parts of India, there are unauthorized encroachments on highway land," the bench had said.

Under Section 31(2) of the 2002 Act, it is provided that the Highway Authority must step in when highway becomes congested or unsafe for vehicular and pedestrian traffic, the court had pointed out.

The bench had then directed the Highways Administrations to come out with a scheme which will provide for regular inspection of the highways, for establishment of grievance redressal mechanism and for taking prompt action on the basis of the complaints.

The petitioner, appearing in person, had made a grievance that there was non-implementation of the provisions incorporated by way of amendment to the Highway Administration Rules in the year 2019.