SC directs Centre to constitute teams for inspecting, removing encroachments from national highways

PTI, Aug 27, 2024, 7:12 PM IST

New Delhi: Expressing concern over encroachments on national and state highways, the Supreme Court on Tuesday directed the Union Ministry of Road Transport and Highways (MORTH) to constitute different teams for frequent and regular inspections of the roads for unauthorised occupations.

A bench of Justices Abhay S Oka and Augustine George Masih also directed the ministry to create a portal, where people can report and upload pictures about encroachments on the highways.

While directing the Centre for giving wide publicity to the portal, the bench directed that a toll-free number be also set up where people can report about the encroachments and unauthorised occupations on the highways.

The top court was hearing a PIL filed by a person named Gyan Prakash whereby he sought various directions for implementation of provisions of the Control of National Highways (Land and Traffic) Act, 2002 and removal of encroachments from the highways. Advocate Swati Ghildiyal, who has been appointed amicus curiae by the apex court for assisting in the matter, submitted that a circular dated March 18, 2020, was issued by the ministry under which teams were to be created for frequent inspection of highways for encroachments.

She said if encroachments on highways and national highways are to be prevented, then it is necessary that proper teams make frequent inspections of highways and report to the competent authority for removal of encroachments, if any.

The bench directed the ministry to create proper teams for inspection of highways and asked the state governments to assist the teams in removal of encroachments from the highways.

It asked the Centre to comply with its direction by September 30 and directed the ministry to furnish data on action taken as per its circular dated March 18, 2020, where teams were to be constituted for inspection of national highways and encroachments on them.

Indicating that it will also pass directions with regard to state highways, the bench listed the matter for hearing on October 14.

On April 30, the top court said that it was not satisfied with the data provided by MORTH on constituting teams as per March 18, 2020 circular for carrying out frequent inspection of the national highways for ascertaining existence of encroachments on the highways.

“Prima facie, we are not satisfied with the action taken as reflected from the said statistics when it comes to removal of encroachments on the highways as provided in Section 26 of the Control of National Highways (Land and Traffic) Act, 2002,” the top court had said.

It directed the ministry to file a specific affidavit placing on record the details of the inspections carried out on the national highways and actions of removal of encroachments taken on the highways in Assam, Gujarat, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal.

It had sought data of the inspections carried out by the inspection squads and action of removal of encroachments taken in these States up to June 30, 2024.

The bench had noted that as per the earlier affidavit filed by MORTH, it appears that though notices were issued right from April, 2023 with regard to large number of encroachments on the highways, action of removal appears to have been taken in respect of few structures/occupancies.

“The MORTH will invite the attention of the concerned states to this aspect. We also make it clear that wherever for taking action under Section 26 of the 2002 Act, assistance of the local administration and local police is required, the same shall be rendered by the authorities of the state. The MORTH will forward a copy of this order to all the concerned revenue and police authorities of the states,” it had directed.

On February 20, the top court flagged that there is no machinery created to carry out surveys of highways under the jurisdiction of the various highway administrations to ascertain whether there are unauthorised structures or unauthorised occupation of highway land.

“Unless survey is regularly carried out, the highway administrations will have no source of knowing whether there is any unauthorised occupation of highway land. Judicial notice will have to be taken of the fact that in different parts of India, there are unauthorised encroachments on highway land,” the top court had said.

It said under the 2002 law, it is provided that the highway authority must step in when highway becomes congested or unsafe for vehicular and pedestrian traffic.

The apex court had noted that there is no machinery provided to the citizens to complain about unauthorised occupation of the highway land and congestion.

It had observed that from the affidavit of the ministry, one gets an impression that the machinery is available only on paper and there is no effective implementation of the provisions of the 2002 Act.

“We direct 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,” it had ordered.

The top court had said the role of the government of India does not come to an end after appointing various highways administrations and it is the duty of the Centre to ensure that the highway administration’s function effectively and discharge their duties under the law.