Full Judgment Text
REPORTABLE
2026 INSC 388
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
SUO MOTO WRIT PETITION (CIVIL) NO. 9 OF 2025
IN RE: PHALODI ACCIDENT PETITIONER
VERSUS
NATIONAL HIGHWAYS AUTHORITY RESPONDENTS
OF INDIA AND OTHERS
WITH
W.P.(C) NO. 1100 OF 2025
O R D E R
1. Following the tragic loss of 34 lives in successive road
nd rd 1
accidents on November 2 and 3 , 2025, in district – Phalodi ,
2
Rajasthan, and district – Rangareddy , Telangana, this Court vide
3
order dated 10.11.2025 took suo-motu cognizance of the systemic
negligence and catastrophic infrastructure failures that led to
these evitable casualties. Recognizing such lapses as a grave
1
reported in article namely “12 pyres lit together in Jodhpur accident: After 15 deaths on Bharatmala
Expressway, authorities launch crackdown, removing illegal roadside dhabas” published on website of
Bhaskar English.
Signature Not Verified
Digitally signed by
NIDHI AHUJA
Date: 2026.04.18
14:47:54 IST
Reason:
2
reported in article “19 dead as gravel truck ploughs into govt. bus near Hyderabad” published in “The
Hindu” on 4th November, 2025
3
Phalodi Accident, In re, 2025 SCC OnLine SC 2428
Suo Moto Writ Petition (Civil) No.9/2025 Page 1
infringement on the right to safe passage and a dereliction of
statutory duty by authorities, who addressed illegal
encroachments in the aftermath of the tragedies occurred, the
Court issued notice to State and National authorities, demanding
a comprehensive report on these egregious administrative failures
and the resulting threat to public safety. Mr. A.N.S. Nadkarni,
Senior Advocate was also appointed as Amicus Curiae to be
assisted by Mr. Jai Anant Dehardrai, Advocate-on-Record and Mr.
Sughosh Subramanyam, Advocate.
2. Various suggestions and recommendations were accordingly
made by the learned Amicus Curiae on 15.02.2026. Thereafter, on
16.02.2026, the learned Solicitor General and the learned Amicus
Curiae were directed to sit together and find out the areas in which
(i) further deliberations were required, (ii) the areas of improvement
and (iii) the areas of immediate improvement for which directions
were necessitated.
3. Accordingly, on 16.03.2026, NHAI placed its comments on
record. Thereafter on 08.04.2026, an additional affidavit has been
filed by the NHAI in response to the interim directions that were
proposed to be issued in the proceedings.
Suo Moto Writ Petition (Civil) No.9/2025 Page 2
4. At the request of the Court, the learned Solicitor General and
the learned Amicus Curiae have today jointly tendered suggestions
indicating the nature of interim directions that could be considered
for being issued during pendency of the present proceedings.
We have considered the said suggestions and
recommendations as jointly made by the learned Amicus Curiae
and the learned Solicitor General. We find the same to be practical
in nature and necessary to be issued. Accordingly, the following
interim directions are issued:
a) Prohibition on Authorized Parking – No heavy or
commercial vehicle shall park/stop on any National Highway
carriageway or paved shoulder except at a designated bay, lay-bye,
or Wayside Amenity; enforcement shall be effected through the
Advanced Traffic Management System – ATMS real-time alerts to
State Police, GPS – timestamped photographic evidence, and
integrated eChallan generation.
These directions must be complied with by the officials and
personnel of National Highway Authority of India, State Police,
State Transport Department. The District Magistrates of the
concerned districts shall set-up a standard operating procedure
Suo Moto Writ Petition (Civil) No.9/2025 Page 3
for this purpose as regards periodical inspections and patrolling
by all these authorities. These directions must be complied within
60 days from the date of this order.
b) Inspection, Survey and Citizen Grievance
– The Highway
Administration, NHAI, NHIDCL, and State PWDs shall, within 30
days, file before this Court a consolidated report on –
(i) Composition and schedule of dedicated inspection teams for
each highway stretch;
(ii) State-wise encroachments identified, notices issued under
Section 26 of the Control of National Highways (Land and
Traffic) Act, 2002 – CNH Act and structures demolished, and
(iii) Status of compliance with the directions issued in Gyan
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Prakash vs. Union of India and others . NHAI shall
simultaneously confirm full operationalisation of the
Rajmargyatra encroachment complaint module (with geo-
tagged uploads, grievance tracking, and appeal mechanism),
activation of toll-free number 1033 for encroachment
complaints, and dissemination of both across highway
4
2025 SCC OnLine SC 1189
Suo Moto Writ Petition (Civil) No.9/2025 Page 4
signage, toll plazas, and media. Drone-based aerial surveys
(DRAMS Policy Circular, 05.09.2025) shall be conducted at
least twice annually, with six-monthly reports filed before this
Court.
c) Encroachment Prohibition and Removal –
Construction/operation of any new dhaba, eatery, or commercial
structure within the Right of Way (ROW) of any National Highway
is prohibited with immediate effect. District Magistrates shall
enforce demolition/removal of all new or existing unauthorised
structures within 60 days, in terms of the CNH Act procedure and
SOP dated 07.08.2025.
d) Grant and Renewal of License, NOC or Trade Approval –
No department, authority, or local body shall grant or renew any
licence, NOC, or trade approval for any site within Highway safety
zones without prior NHAI/PWD clearance; all such existing
licences for such sites shall be reviewed within 30 days.
e) District Highway Safety Task Force – In every district
wherever the National Highway passes through, the concerned
District Magistrate within 15 days of this order constitute a District
Highway Safety Task Force in every district across India within 7
Suo Moto Writ Petition (Civil) No.9/2025 Page 5
days of this order, comprising officers of the District
Administration, Police, NHAI (or concerned land-owning agency),
PWD, and local bodies. The District Collector and Commissioner of
Police/Superintendent of Police shall bear joint responsibility for
timely encroachment removal. The Task Force shall hold
fortnightly review meetings and maintain minutes. State
Governments shall further issue notifications within 60 days
prohibiting change of land use within 40 metres (residential) and
75 metres (commercial) from the mid-point of any National
Highway, consistent with IRC norms; MoRTH shall facilitate
uniform notifications across all States within the same period.
f) Surveillance, Patrolling and Illegal Parking – Dedicated
Highway Surveillance Teams of State Police and Transport
Department personnel shall be constituted within 30 days for
regular National Highway patrolling, supplementing NHAI’s 24x7
route patrolling Vehicles at intervals not exceeding 50 km. All such
vehicles shall necessarily be equipped with Vehicle Tracking
Devices.
g) Operationalisation of ATMS – NHAI shall operationalise its
ATMS comprising TMCC cameras, VSDS speed detectors, VIDS
Suo Moto Writ Petition (Civil) No.9/2025 Page 6
cameras, Variable Message Signboards, and Emergency Call Boxes
across all 4/6-lane highways and expressways in terms of the
Policy Circular dated 10.10.2023 and shall file an affidavit within
60 days of compliance, further certifying operational status of each
component. Any non-operational units shall be made functional
within 60 days.
h) Emergency Response and Wayside Amenities – NHAI is
directed to deploy within a period of 60 days BLS ambulances and
recovery cranes which can be deployed immediately at intervals
not exceeding 75 km on every National Highway stretch, at toll
plazas, Wayside Amenities, or dedicated posts, in affirmance
towards the State's positive obligation under Article 21 of the
Constitution of India to ensure prompt and timely emergency
medical response.
i) Construction of Truck Lay-Bye Facilities – NHAI and
MoRTH shall ensure construction of truck lay-bye facilities at
intervals of every 75 km on all National Highways, with priority to
the Amritsar-Jamnagar Highway, and shall operationalise the
Wayside Amenities Policy dated 29.12.2025 strictly in accordance
with its stipulated timelines; all WSAs shall include, at minimum,
Suo Moto Writ Petition (Civil) No.9/2025 Page 7
rest areas, food services, washrooms, safe parking, first-aid
facilities, and retro-reflective signage visible from 500 metres, in
full compliance with FSSAI standards.
j)
NHAI/MoRTH may also consider providing for more or extra
truck lay-bye facilities, wherever possible on the stretch of National
Highway, as the drivers of heavy transport vehicles which are
continuously being driven could be provided resting facilities.
k) Accident Blackspots and Lighting – MoRTH/NHAI are
directed to identify accident blackspots and critical areas and
publish a comprehensive list of Accident blackspots on National
Highways within 45 days. NHAI shall issue a Policy Framework
mandating installation of high intensity LED/high-mast lighting,
speed enforcement cameras, retro-reflective warning signs, and
transverse bar markings at every blackspot; full installation shall
be completed within 4 months of the Policy Framework.
l) Institutional Co-ordination, Reporting and Road Safety
Committee – MoRTH shall, within 60 days, place before this Court
a report on the constitution of an Inter-State Highway Safety
Coordination Committee for standardising enforcement protocols
including uniform driving-hour limits, surveillance standards,
Suo Moto Writ Petition (Civil) No.9/2025 Page 8
parking enforcement, and penalty regimes across State
boundaries.
m) Compliance Report – It is further directed that all
implementing agencies (NHAI, NHIDCI, State PWD, BRO) shall be
jointly and severally responsible for compliance within their
respective jurisdictions. MoRTH upon securing the consolidated
district-wise and agency-wise compliance report shall file the same
in a tabular form before this Court within 75 days from the date of
uploading of this order.
5. It is seen that National Highways constitute approximately
2% of India’s total road length but account for nearly 30% of all
road fatalities. A road, particularly a high-speed Expressway, must
not become a corridor of peril due to administrative lethargy or
infrastructural gaps. The loss of even a single life to avoidable
hazards like illegal parking or blackspots etc., represents a failure
of the State’s protective umbrella. The ‘Right to Life’ enshrined
under Article 21 of the Constitution of India is not merely a
guarantee against the unlawful taking of life, but a positive
mandate upon the State to ensure a safe environment where
human life is preserved and valued. Therefore, recognizing the
Suo Moto Writ Petition (Civil) No.9/2025 Page 9
safety of the commuter as an integral facet of the right to live with
dignity as a constitutional obligation under Article 21 of
Constitution of India, it is necessary in the interest to address the
systematic root causes that these interim directions are issued in
exercise of powers under Article 142 of the Constitution of India.
We reiterate that no pecuniary or administrative constraint can
outweigh the sanctity of human life, and the strict timelines
provided herein reflect the urgency of this constitutional
obligation.
6. The Registry of this Court is further directed to send a copy
of this order to the Chief Secretary/Administrator and Director
General of Police of all States and Union Territories, State Legal
Services Authorities, and National Highways & Infrastructure
Development Corporation Limited. The respective authorities may
take appropriate steps to coordinate with and facilitate all
stakeholders for the purpose of carrying out the directions passed
by this Court. It is further made clear that, in case there are issues
regarding compliance, the parties are at liberty to approach this
Court.
7. The Registry is further directed to forward a copy of this order
Suo Moto Writ Petition (Civil) No.9/2025 Page 10
to the Road Safety Committee headed by Hon’ble Justice (Retd.)
Abhay Sapre in continuation of the practice as directed in Gyan
Prakash (supra) . MoRTH shall also place before this Cour the
Committee’s recommendations insofar as they pertain to the
causes of highway accidents addressed herein within 75 days.
8. List after two months for reporting compliance.
……..………………………..J.
[ J.K. MAHESHWARI ]
...…..………………………..J.
[ ATUL S. CHANDURKAR ]
NEW DELHI,
APRIL 13, 2026.
Suo Moto Writ Petition (Civil) No.9/2025 Page 11