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

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Expressing concern over encroachments on national and state highways, the Supreme Court (SC) on Tuesday directed the Union Ministry of Road Transport and Highways (MORTH) to form multiple teams for frequent and regular inspections of roads to identify and address unauthorised occupations, reported PTI.

A bench comprising Justices Abhay S Oka and Augustine George Masih also instructed the ministry to establish an online portal where citizens can report and upload photographs of highway encroachments. Additionally, the bench ordered the Centre to widely publicise the portal and set up a toll-free number for citizens to report such encroachments and unauthorised occupations.

The apex court was hearing a Public Interest Litigation (PIL) filed by a person named Gyan Prakash, who sought various directives for the implementation of the Control of National Highways (Land and Traffic) Act, 2002, and the removal of encroachments from highways.

Advocate Swati Ghildiyal, appointed as amicus curiae (friend of the court) to assist the bench in this matter, highlighted that the ministry had issued a circular on March 18, 2020, mandating the creation of teams for the frequent inspection of highways to prevent encroachments. She argued that to effectively prevent highway encroachments, it is essential that these teams conduct regular inspections and report any encroachments to the competent authority for removal.

The bench directed the ministry to form appropriate teams for highway inspections and urged state governments to support these teams in removing encroachments from the highways. The Centre was instructed to comply with this directive by September 30 and to provide data on the actions taken under the March 18, 2020, circular, which required the formation of inspection teams for national highways.

The bench indicated that it would issue further directions concerning state highways and scheduled the next hearing for October 14.

On April 30, the Supreme Court expressed dissatisfaction with the data provided by MORTH regarding the implementation of the March 18, 2020, circular, noting that the removal of highway encroachments, as required under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002, was inadequate.

The court directed the ministry to file a specific affidavit detailing the inspections carried out on national highways and the actions taken to remove encroachments in Assam, Gujarat, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh, and West Bengal. It requested data on inspections and encroachment removals in these states up to June 30, 2024.

The bench observed that, according to the ministry's earlier affidavit, although notices had been issued since April 2023 regarding numerous highway encroachments, the actual removal of encroachments appeared to have been limited to only a few structures.

The court directed MORTH to ensure that the concerned state authorities, including local administration and police, provide necessary assistance for the removal of encroachments. The ministry was instructed to forward the court's order to all relevant state revenue and police authorities.

On February 20, the Supreme Court had noted that there was no mechanism in place for regularly surveying highways to detect unauthorised structures or occupations. It observed that without such surveys, highway administrations would be unaware of encroachments, leading to congestion and safety issues.

The court emphasised that the 2002 Act mandates highway authorities to intervene when highways become congested or unsafe for vehicular and pedestrian traffic. It also pointed out that there was no effective system for citizens to report unauthorised highway occupations or congestion.

The court directed highway administrations to develop a scheme for regular highway inspections, establish a grievance redressal mechanism, and take prompt action based on complaints. It stressed that the responsibility of the Government of India does not end with appointing highway administrations but includes ensuring their effective functioning under the law.

(With PTI inputs)