"Encroachment-Free Highways": Supreme Court Directs Administration To Devise Scheme Within Two Months

Noting a lack of implementation in highway administration, the Supreme Court has directed senior officials to devise a scheme within two months for regular inspections, citizen complaints, and adherence to the Control of National Highways (Land and Traffic) Act, 2002.

During a PIL hearing seeking implementation of the grievance redressal mechanism, the court instructed highway administrations to establish schemes for inspections and prompt action on complaints, raising concerns over non-implementation of Control of National Highways (Land and Traffic) Act, 2002. The PIL, filed by 78-year-old road safety activist Gyan Prakash, prompted the court to address issues of machinery availability only on paper.

“We direct the highway administrations to come out with a scheme which will provide for regular inspection of highways, for the establishment of grievance redressal mechanism and for taking prompt action on the basis of complaints,” said a bench comprising Justices Abhay S Oka and Ujjal Bhuyan. 

Before passing this order, the court observed, “After reading the affidavits of the highway administrations, 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.” 

The court emphasised that after surveys, the highway administrations must use their authority to clear unauthorised occupations, ensuring encroachment-free highways. It added the central government's duty extends beyond appointments, requiring effective functioning and adherence to the 2002 Act.

The Act mandates highway administrations to prevent encroachments, recover removal costs, impose fines, and regulate highway access and traffic.

The court pointed out the absence of machinery to survey highways under the jurisdiction of highway administrations to determine if there are any unauthorised structures or occupations on highway land.

“Unless survey is regularly carried out, 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,” it said.