Full Judgment Text
2025 INSC 753
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.1272 OF 2019
Gyan Prakash … Petitioner
versus
Union of India & Ors. ... Respondents
O R D E R
ABHAY S. OKA, J.
1. A very important issue has been raised in this petition
filed under Article 32 of the Constitution of India. In short,
the issue is about the safety of our National Highways. It is
pointed out in this petition, based on the report titled “Road
Accidents in India – 2017”, that 53,181 persons were killed
during the year 2017 on highways in India. Attention of the
Court was invited to the Control of National Highways (Land
and Traffic) Act, 2002 (for short, ‘the 2002 Act’) and the
Highway Administration Rules, 2004 (for short, ‘the 2004
Rules’). The prayers made are very wide. Although there may
be some limitations on the writ Court in granting some of the
prayers, nevertheless, the issues raised are very important in
Signature Not Verified
the context of highway safety.
Digitally signed by
ANITA MALHOTRA
Date: 2025.05.21
19:28:14 IST
Reason:
Writ Petition (C) No.1272 of 2019 Page 1 of 26
2. We have heard the petitioner appearing in person, Ms.
Swati Ghildiyal, the learned counsel appointed as amicus
curiae , Shri K M Nataraj, the learned Additional Solicitor
General and Shri Rajiv Pratap Rudy, an intervenor, appearing
in person, who is a Member of Parliament. Paragraph Nos. 1
th
to 7 of the order dated 20 February 2024, passed by this
Court read thus:
“1. Heard the petitioner appearing in
person and the learned counsel
appearing for the respondents.
2. In our order dated 10th October,
2023, we had flagged the issue of
implementation of the provisions of
the Control of National Highways
(Land and Traffic) Act, 2002 (for short
"2002 Act"). The affidavits have been
filed on record which only indicate
that the various authorities, as
contemplated by Section 3 of the
2002 Act have been constituted
and/or appointed. There are very
important functions entrusted to the
Highway Administrations. One is of
prevention of occupation of highway
land (Section 24), removal of
unauthorised occupation from
highway (Section 26), recovery of cost
of removal of unauthorized
occupation and fine imposed (Section
27), to regulate right of access to
highway (Section 28) and regulation
of traffic on the highway when
situation contemplated by sub-section
2 of Section 31 arises.
3. Firstly, we find that there is no
machinery created to carry out
Writ Petition (C) No.1272 of 2019 Page 2 of 26
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.
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.
4. There is no machinery provided to
the citizens to complain about
unauthorized occupation of the
highway land, congestion or other
situation contemplated by sub-
section 2 of Section 31 of the 2002
Act. There is no grievance redressal
mechanism created for the benefit of
the citizens. Unless such grievance
redressal mechanism is developed
and wide publicity is given to the
existence of mechanism, the citizens
will not have any opportunity to lodge
complaints with the Highway
Administrations. Moreover, by some
method, periodical survey of the
highways under the jurisdiction of
Highway Administration has to be
carried out with a view to ensure that
the highways are kept free of
encroachments.
Writ Petition (C) No.1272 of 2019 Page 3 of 26
5. 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. 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.
6. After carrying out survey, the
Highway Administrations will have to
exercise the powers under Section 26
of removal of unauthorized
occupation so that the highways are
clear of encroachments.
7. We grant time of two months to the
various Highway Administrations
appointed in terms of Section 3 to
report compliance. The role of the
Government of India does not come to
an end after appointing various
Highways Administrations. It is the
duty of the Government of India to
ensure that the Highway
Administrations function effectively
and discharge their duties under the
2002 Act. ”
th
Paragraph nos. 1 to 7 of the further order dated 30 April
2024 read thus:
“1. We have perused the affidavit
dated 22nd April, 2024 filed by the
Ministry of Road Transport &
Highways, Government of India,
Writ Petition (C) No.1272 of 2019 Page 4 of 26
reporting compliance with the
directions contained in the order
dated 20th February, 2024. Shri
Gyan Prakash, petitioner-in-person,
has many grievances to make about
the implementation of the directions.
2. Before we go into the grievances,
after perusing the afore- stated
compliance affidavit, we propose to
issue additional directions.
3. The letter dated 18th March, 2024
addressed by the Ministry of Road
Transport & Highways, Government
of India, records that the teams
constituted as per the communication
dated 18th March, 2020, will carry
out frequent inspection of the
National Highways for ascertaining
existence of encroachments on the
highways. Certain statistics is
incorporated in Annexure A-5 to the
compliance affidavit. 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 (for short, “the 2002
Act”).
4. To test the stand taken in the
compliance affidavit, we direct that a
specific affidavit shall be filed 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 the States of Assam,
Writ Petition (C) No.1272 of 2019 Page 5 of 26
Gujarat, Karnataka, Maharashtra,
Rajasthan, Tamil Nadu, Uttar
Pradesh and West Bengal. We direct
the Ministry of Road Transport &
Highways to collect the data of (a) the
inspections carried out by the
inspection squads; and (b) action of
removal of encroachments taken in
these States up to 30th June, 2024,
so that we will be able to issue
further directions. A compliance
affidavit on these aspects shall be
filed by the concerned respondents by
26th July, 2024.
5. From the perusal of the chart at
Annexure A-5 to the compliance
affidavit, it appears that though
notices have been issued right from
April, 2023 as regards large number
of encroachments on the highways,
action of removal appears to have
been taken in respect of few
structures/occupancies. The Ministry
of Road Transport & Highways will
invite 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 Ministry of Road
Transport & Highways will forward a
copy of this order to all the concerned
Revenue and Police Authorities of the
States.
As regards the paragraph 8 dealing
6.
with the non-implementation of the
provisions incorporated in the 2002
Writ Petition (C) No.1272 of 2019 Page 6 of 26
Act by 2019 amendment, the learned
ASG states that there is an
inadvertent mistake in paragraph 46
of the affidavit. Shri Gyan Prakash,
petitioner-in- person, points out that
pursuant to the amendments made in
the year 2019, rules were framed. But
there is no reference to the rules in
the affidavit. At this stage, the
learned ASG clarifies that there was
an amendment in the year 2019 to
the Highways Administration Rules,
2004. We direct the Ministry of Road
Transport & Highways to collect data
regarding implementation of the Rules
as amended in the year 2019 from all
the States and file a better affidavit
dealing with the compliance with the
said Rules.
7. There are large number of issues
involved in this Petition. We must
record our appreciation for the
persistent efforts made by the
petitioner - Shri Gyan Prakash to
ensure safety of our National
Highways. However, we will need
assistance of a member of the Bar.
We, therefore, appoint Ms. Swati
Ghildiyal, learned Advocate-on-
Record, as Amicus Curiae to assist
the Court. The Registry to provide
soft copies of all the documents on
record and pleadings to the learned
Amicus Curiae. We request the
learned Amicus Curiae to interact
with the petitioner - Shri Gyan
Prakash before the next date so that
she can render effective assistance to
the Court. ”
Writ Petition (C) No.1272 of 2019 Page 7 of 26
th
Thereafter, on 27 August 2024, a direction was issued to the
Ministry of Road Transport and Highways (for short, ‘MoRTH’)
to constitute a proper team for carrying out frequent and
regular inspections of all the National Highways. The order
th
dated 27 August 2024 reads thus:
“ Ms. Swati Ghildiyal, learned Amicus
Curiae, has pointed out that a
circular dated 18th March, 2024 has
been issued by the Ministry of Road
Transport & Highways, Government
of India. Her concern is 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.
Therefore, we direct 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. Each team shall
be made responsible for a particular
stretch of individual Highways.
Secondly, 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
Writ Petition (C) No.1272 of 2019 Page 8 of 26
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. 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.
We grant time till 30th September,
2024 to the Government of India to
implement the above directions.
We grant time of one month to the
learned Amicus Curiae to prepare a
note on various issues which arise on
which the directions of this Court are
necessary. The note shall be provided
by learned 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 petition shall be listed on 14th
October, 2024 for hearing the parties
and issuing interim directions.
Writ Petition (C) No.1272 of 2019 Page 9 of 26
We may also clarify 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.
There is a committee set up by this
court dealing with the issue of road
safety, headed by Shri Justice Abhay
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. ”
3. The learned amicus curiae has filed detailed notes dated
th th
5 October 2024 and 4 November 2024.
4. Now, we will deal with the 2002 Act. Section 3 of the
2002 Act provides for the establishment of Highway
Administrations, which reads thus:
“3.Establishment of Highway
Administrations.— (1) The Central
Government shall, by notification in
the Official Gazette,—
(a) establish, for the purposes of
this Act, a body or authority
consisting of one or more officers
of the Central Government or the
State Government to be known
as Highway Administration to
exercise powers and discharge
Writ Petition (C) No.1272 of 2019 Page 10 of 26
functions conferred on it under
this Act; and
(b) define the limits of the
Highway within which, or the
length of Highway on which, a
Highway Administration shall
have jurisdiction:
Provided that the Central Government
may, in the notification issued under
this sub-section or by any general or
special order, impose any condition or
limitation subject to which a Highway
Administration shall exercise powers
and discharge functions conferred on
it under this Act.
(2) The Central Government may
establish one or more Highway
Administrations for a State or Union
territory or for a Highway under sub-
section (1).
(3) Subject to the provisions of this
Act, the Highway Administration shall
exercise powers and discharge
functions conferred on it under this
Act in such manner as may be
prescribed. ”
Section 24 deals with the prevention of the occupation of
highway land. Under Section 23(1), all lands forming part of a
Highway which vest in the Central Government or which do
not already vest in the Central Government but have been
acquired for the purposes of a Highway shall, for the purposes
of the Act, be deemed to be the property of the Central
Government. Section 26 creates a mechanism for the removal
Writ Petition (C) No.1272 of 2019 Page 11 of 26
of unauthorised occupation of highways. Section 26 reads
thus:
“26. Removal of unauthorised
occupation.— (1) Where the Highway
Administration or the officer
authorised by such Administration in
this behalf is of the opinion that it is
necessary in the interest of traffic
safety or convenience to cancel any
permit issued under sub-section (2) of
section 24, it may, after recording the
reasons in writing for doing so, cancel
such permit and, thereupon, the
person to whom the permission was
granted shall, within the period
specified by an order made by the
Highway Administration or such
officer restore the portion of the
Highway specified in the permit in
such condition as it was immediately
before the issuing of such permit and
deliver the possession of such portion
to the Highway Administration and in
case such person fails to deliver such
possession within such period, he
shall be deemed to be in
unauthorised occupation of highway
land for the purposes of this section
and section 27.
(2) When, as a result of the periodical
inspection of highway land or
otherwise, the Highway
Administration or the officer
authorised by such Administration in
this behalf is satisfied that any
unauthorised occupation has taken
place on highway land, the Highway
Administration or the officer so
Writ Petition (C) No.1272 of 2019 Page 12 of 26
authorised shall serve a notice in a
prescribed form on the person
causing or responsible for such
unauthorised occupation requiring
him to remove such unauthorised
occupation and to restore such
highway land in its original condition
as before the unauthorised
occupation within the period specified
in the notice.
(3) The notice under sub-section (2)
shall specify therein the highway land
in respect of which such notice is
issued, the period within which the
unauthorised occupation on such
land is required to be removed, the
place and time of hearing any
representation, if any, which the
person to whom the notice is
addressed may make within the time
specified in the notice and that failure
to comply with such notice shall
render the person specified in the
notice liable to penalty, and summary
eviction from the highway land in
respect of which such notice is
issued, under sub-section (6).
(4) The service of the notice under
sub-section (2) shall be made by
delivering a copy thereof to the person
to whom such notice is addressed or
to his agent or other person on his
behalf or by registered post addressed
to the person to whom such notice is
addressed and an acknowledgment
purporting to be signed by such
person or his agent or other person
on his behalf or an endorsement by a
postal employee that such person or
Writ Petition (C) No.1272 of 2019 Page 13 of 26
his agent or such other person on his
behalf has refused to take delivery
may be deemed to be prima facie
proof of service.
(5) Where the service of the notice is
not made in the manner provided
under sub-section (4), the contents of
the notice shall be advertised in a
local newspaper for the knowledge of
the person to whom the notice is
addressed and such advertisement
shall be deemed to be the service of
such notice on such person.
(6) Where the service of notice under
sub-section (2) has been made under
sub-section (4) or sub-section (5) and
the unauthorised occupation on the
highway land in respect of which such
notice is served has not been removed
within the time specified in the notice
for such purpose and no reasonable
cause has been shown before the
Highway Administration or the officer
authorised by such Administration in
this behalf for not so removing
unauthorised occupation, the
Highway Administration or such
officer as the case may be, shall cause
such unauthorised occupation to be
removed at the expenses of the
Central Government or the State
Government, as the case may be, and
impose penalty on the person to
whom the notice is addressed which
shall be five hundred rupees per
square metre of the land so
unauthorisedly occupied and where
the penalty so imposed is less than
Writ Petition (C) No.1272 of 2019 Page 14 of 26
the cost of such land, the penalty may
be extended equal to such cost.
(7) Notwithstanding anything
contained in this section, the
Highway Administration or the officer
authorised by such Administration in
this behalf shall have power without
issuing any notice under this section
to remove the unauthorised
occupation on the highway land, if
such unauthorised occupation is in
the nature of—
(a) exposing any goods or article—
(i) in open air; or
(ii) through temporary stall,
kiosk, booth or any other shop
of temporary nature,
(b) construction or erection,
whether temporary or permanent,
or
(c) trespass or other unauthorised
occupation which can be removed
easily without use of any machine
or other device, and in removing
such occupation, the Highway
Administration or such officer may
take assistance of the police, if
necessary, to remove such
occupation by use of the reasonable
force necessary for such removal.
(8) Notwithstanding anything
contained in this section, if the
Highway Administration or the officer
authorised by such Administration in
this behalf is of the opinion that any
Writ Petition (C) No.1272 of 2019 Page 15 of 26
unauthorised occupation on the
highway land is of such a nature that
the immediate removal of which is
necessary in the interest of—
(a) the safety of traffic on the
Highway; or
(b) the safety of any structure
forming part of the Highway,
and no notice can be served on the
person responsible for such
unauthorised occupation under this
section without undue delay owing to
his absence or for any other reason,
the Highway Administration or the
officer authorised by such
Administration may make such
construction including alteration of
any construction as may be feasible
at the prescribed cost necessary for
the safety referred to in clause (a) or
clause (b) or have such unauthorised
occupation removed in the manner
specified in sub-section (7).
(9) The Highway Administration or an
officer authorised by such
Administration in this behalf shall, for
the purposes of this section or section
27, have the same powers as are
vested in a civil court under the Code
of Civil Procedure, 1908 (5 of 1908),
while trying a suit, in respect of the
following matters, namely:—
(a) summoning and enforcing the
attendance of any person and
examining him on oath;
Writ Petition (C) No.1272 of 2019 Page 16 of 26
(b) requiring the discovery and
production of documents;
(c) issuing commissions for the
examination of witnesses; and
(d) any other matter which may be
prescribed,
and any proceeding before such
Administration or officer shall be
deemed to be a judicial proceeding
within the meaning of sections 193
and 228, and for the purpose of
section 196, of the Indian Penal Code
(45 of 1860) and the Administration
or the officer shall be deemed to be a
civil court for the purposes of section
195 and Chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of
1974). ”
Under Section 26, a power is conferred on the Highway
Administrations or the officer authorised by the Highway
Administrations to cancel the permission granted under sub-
section (2) of Section 24. Sub-section (2) of Section 26
contemplates periodical inspection of highway land so that
unauthorised occupation of highway land can be noticed and
action can be taken by following the procedure laid down in
sub-sections (2) to (6) of Section 26. Sub-section (2) onwards
lays down the procedure to be followed, which is essential for
complying with the principles of natural justice. The mode
and manner of service of the show cause notice under sub-
section (2) of Section 26 is also laid down. Power under sub-
Writ Petition (C) No.1272 of 2019 Page 17 of 26
section (6) of Section 26 is of the removal of unauthorised
occupation of highway land.
5. Power under sub-section (8) of Section 26 is an
independent power to immediately remove unauthorised
occupation on highway land. Power under sub-section (8) of
Section 26 can be exercised for the safety of traffic on the
Highway or for the safety of any structure forming part of the
Highway. The issues raised in this petition revolve around the
unauthorised occupation of the highway land.
6. Under the National Highways Act, 1956 (for short, ‘the
1956 Act’), Section 4 provides that the National Highways
shall vest in the Union of India. In fact, under the 2002 Act,
there is a provision in the form of Section 23, which stipulates
that highway land shall be deemed to be the property of the
Central Government. Therefore, it is the obligation of the
Central Government to maintain the National Highways. The
maintenance of highways includes the obligation to keep them
in good condition. It also includes keeping them free of
encroachments and, most importantly, providing adequate
safety measures to reduce the possibility of accidents.
7. The Highway Administration, under the 2002 Act, was
th
established by the notification dated 16 September 2019.
The Highway Administration consists of the Secretary,
MoRTH; Member-DG (Road Development) and Special
Secretary, MoRTH; Chairman NHAI (National Highways
Authority of India); Managing Director, NHIDCL (National
Writ Petition (C) No.1272 of 2019 Page 18 of 26
Highways & Infrastructure Development Corporation Limited)
and Additional Secretary and Finance Advisor, MoRTH; and
Joint Secretary, MoRTH.
8. Section 4 of the 2002 Act deals with the powers and
functions of the Highway Administration. It only lays down
that the powers and functions of the Highway Administration
shall be subject to conditions and limitations as may be
imposed by the notification issued under sub-section (1) of
Section 3 of the 2002 Act. An order was passed on 16th
September 2019, in exercise of the powers under sub-section
(2) of Section 3 of the 2002 Act, by which the functions have
been assigned to three members of the Highway
Administration. It is further stated that Project Director of the
NHAI, General Manager or Deputy General Manager of the
NHIDCL and Executive Engineer of the National Highways
wing of the State Public Works Department shall have the
powers and functions of Highway Administration under
Sections 24, 26, 27, 30, 33, 36, 37 and 43 of the 2002 Act.
9. The 2004 Rules were amended by the Highway
Administration (Amendment) Rules, 2019. Rule 3 was
substituted, which outlines the powers and functions of the
Highway Administration. Rule 3 reads thus:
“3. Powers and functions by
Highway Administrations.- (1)
Subject to the provisions of the Act
and the conditions or limitations
imposed by the Central Government
under the proviso to subsection (1) of
Writ Petition (C) No.1272 of 2019 Page 19 of 26
section 3 of the Act, to the Highway
Administration, it shall:
(a) lay down policies and
implementation framework for the
Highway Administration consistent
with the provisions of the Act;
(b) issue general orders for
regulation of different types of
traffic on National Highways under
Chapter V of the Act;
(c) decide on the allocation of
functions and responsibilities
among different Highway
Administration at different levels;
(d) issue executive orders/
Standard Operating Procedures
(SOPs) in respect of delivery of
various services and enforcement of
provisions of the Act and the rules
and regulations from time to time;
(e) undertake periodical review and
monitor the functioning of Highway
Administration at different levels;
(f) any other functions and
responsibilities assigned under the
Act and the rules thereunder.
(2) Subject to the provisions under
sub-section (2) of section 3 of the Act,
the Highway Administration, shall:
a) be subject to the overall
superintendence and control of the
Highway Administration
established under sub-section (1) of
section 3 of the Act.
Writ Petition (C) No.1272 of 2019 Page 20 of 26
b) undertake periodic review of the
functioning of the Highway
Administration at different levels in
respect of delivery of services and
ensure enforcement of all the
Standard Operating Procedures and
executive instructions issued by the
Highway Administration.
c) issue executive orders/ Standard
Operating Procedures (SOPs) in
respect of delivery of various
services and enforcement of
provisions of the Act and the rules
and regulations from time to time;
d) issue specific orders for
regulation of different classes of
traffic on National Highways under
Chapter V of the Act;
e) any other functions and
responsibilities assigned under the
Act and the rules thereunder. ”
Returning to the earlier orders of this Court, the
10.
primary concern of this Court is the removal of unauthorised
occupation of highway lands through the exercise of power
under Section 26 of the 2002 Act. By filing the affidavit, the
MoRTH has placed on record, the data regarding the action
taken for the removal of unauthorised occupation in some
states. After finding that there was no effective action,
th
detailed directions were issued by this Court on 18 March
2024.
11. As far as the direction regarding the development of a
portal for uploading complaints regarding encroachments on
Writ Petition (C) No.1272 of 2019 Page 21 of 26
the highways, the stand taken by the Highway Administration
is that there is a toll-free number (1033) operational to enable
the citizens to report incidents, accidents and unsafe driving
conditions on the National Highways. However, it is not
specifically mentioned that the complaints about
unauthorised occupation on highway lands can be lodged on
the said toll-free number. It is unclear whether any complaint
regarding unauthorised occupation of Highways was received
through the medium of the toll-free number.
12. Instead of developing the portal, it is claimed by the
Highway Administration that a mobile application known as
“Rajmargyatra”, which has various features for Highway users
to report incidents, hazards or concerns relating to highway
safety. The learned amicus curiae has noted that the
application users can submit complaints with geo-tagged
photos, videos and remarks. The application permits the
complaints to be filed about various aspects, such as poor
workmanship, potholes and various other issues. There is a
facility to track the status of the grievance. The learned
amicus curiae has also pointed out certain issues in the
functionality of the app including an unclear procedure of
redressal of complaints and lack of opportunity for
complainants to provide feedback on resolution of their
complaints. As a response to the issues flagged by the
amicus, the Highway Administration has submitted that the
app is being revamped and a portal for reporting complaints
related to unauthorized encroachments is under development
Writ Petition (C) No.1272 of 2019 Page 22 of 26
by NHAI. It is further submitted that the grievance redressal
portal shall also contain an option to view the status of their
complaints and action taken, along with an option to appeal.
13. Now, in view of Rule 3, as amended in the year 2019,
the Highway Administration has to perform its mandatory
duties laid down in sub-rules (1) and (2) of Rule 3 of the 2004
Rules. The duty of the Highway Administration includes
formulating Standard Operating Procedures (SOP) in respect
of the delivery of various services and the enforcement of
provisions of the 2002 Act. Nothing is brought on record to
demonstrate the performance of these duties by the Highway
Administration. Regarding the removal of unauthorised
occupation of highway lands, what is important is Section 24
of the 2002 Act, which provides for the prevention of such
occupation. Both provisions of Sections 24 and 26 must be
implemented in their true letter and spirit.
14. About regular inspection of the Highways, as rightly
amicus curiae,
suggested by the learned there is a need to
issue exhaustive circulars on this aspect setting out the
names and designations of the members of the inspection
team, the frequency of inspections, the time intervals of
inspections, allocation of highway stretches to the respective
inspection teams and timely report of encroachments by the
inspection teams. The learned amicus curiae rightly
suggested that it is necessary to constitute a dedicated
surveillance team consisting of the State Police for manning
Writ Petition (C) No.1272 of 2019 Page 23 of 26
the National Highways. The surveillance teams must
constantly carry out patrolling so that there is no
unauthorised occupation of highway lands. In fact, Highways
must be kept under surveillance by CCTV cameras. As far as
this petition is concerned, it must remain pending as this is a
fit case where this Court will have to issue a continuing
mandamus. For the time being, we issue the following
directions:-
i. We direct the Highway Administration constituted
under sub-section (1) of Section 3 of the 2002 Act to
place on record the steps taken to implement the
duties and functions of the Highway Administration
in terms of Rule 3 of the 2004 Rules as amended on
th
16 September 2019. This direction shall be
th
implemented by the 8 respondent–Joint Secretary
(Highways), MoRTH, by filing an affidavit along with
necessary documents within three months from
today;
st
ii. We direct the Highway Administration and the 1
respondent, Union of India, to give wide publicity to
the availability of ‘Rajmargyatra’ mobile application
on print, electronic, as well as social media.
Information about the availability of this mobile
application shall be displayed prominently at toll and
food plazas on Highways. This direction shall also be
implemented within three months from today;
Writ Petition (C) No.1272 of 2019 Page 24 of 26
th
iii. We direct the 8 respondent to file on record the
details of various categories of complaints lodged on
the ‘Rajmargyatra’ mobile application, including
complaints regarding unauthorised occupation of
highway lands and action taken thereon. We further
nd
direct the 2 respondent, NHAI to report compliance
regarding the creation of grievance redressal portal
for reporting complaints relating to unauthorised
occupation of highways. The compliance affidavits
shall be filed within three months from today;
iv. We direct the Highway Administration to issue a
detailed SOP regarding the constitution of teams for
inspection of the National Highways, including
collection of data regarding unauthorised occupation
of highway lands;
st
v. We direct the 1 respondent, Union of India, to
constitute surveillance teams consisting of State
Police or other forces. The duty of the surveillance
teams will be to do patrolling regularly and
punctually. Even this compliance shall be reported
within a period of three months from today;
vi. We direct the Highway Administration and the
concerned respondents who are members of the
same to take into consideration the suggestions
th
submitted by the learned amicus curiae on 5
October 2024 and take steps to implement the said
Writ Petition (C) No.1272 of 2019 Page 25 of 26
suggestions. The said suggestions shall be discussed
in the meeting of the Highway Administration so that
appropriate decisions can be taken on the
implementation thereof; and
vii. We record an appreciation for the assistance
rendered by Ms Swati Ghildiyal, the learned counsel
appointed as amicus curiae.
th
viii. List for reporting compliance on 15 September
2025.
...…………………………….J.
(Abhay S Oka)
...…………………………….J.
(Augustine George Masih)
New Delhi;
May 21, 2025.
Writ Petition (C) No.1272 of 2019 Page 26 of 26
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.1272 OF 2019
Gyan Prakash … Petitioner
versus
Union of India & Ors. ... Respondents
O R D E R
ABHAY S. OKA, J.
1. A very important issue has been raised in this petition
filed under Article 32 of the Constitution of India. In short,
the issue is about the safety of our National Highways. It is
pointed out in this petition, based on the report titled “Road
Accidents in India – 2017”, that 53,181 persons were killed
during the year 2017 on highways in India. Attention of the
Court was invited to the Control of National Highways (Land
and Traffic) Act, 2002 (for short, ‘the 2002 Act’) and the
Highway Administration Rules, 2004 (for short, ‘the 2004
Rules’). The prayers made are very wide. Although there may
be some limitations on the writ Court in granting some of the
prayers, nevertheless, the issues raised are very important in
Signature Not Verified
the context of highway safety.
Digitally signed by
ANITA MALHOTRA
Date: 2025.05.21
19:28:14 IST
Reason:
Writ Petition (C) No.1272 of 2019 Page 1 of 26
2. We have heard the petitioner appearing in person, Ms.
Swati Ghildiyal, the learned counsel appointed as amicus
curiae , Shri K M Nataraj, the learned Additional Solicitor
General and Shri Rajiv Pratap Rudy, an intervenor, appearing
in person, who is a Member of Parliament. Paragraph Nos. 1
th
to 7 of the order dated 20 February 2024, passed by this
Court read thus:
“1. Heard the petitioner appearing in
person and the learned counsel
appearing for the respondents.
2. In our order dated 10th October,
2023, we had flagged the issue of
implementation of the provisions of
the Control of National Highways
(Land and Traffic) Act, 2002 (for short
"2002 Act"). The affidavits have been
filed on record which only indicate
that the various authorities, as
contemplated by Section 3 of the
2002 Act have been constituted
and/or appointed. There are very
important functions entrusted to the
Highway Administrations. One is of
prevention of occupation of highway
land (Section 24), removal of
unauthorised occupation from
highway (Section 26), recovery of cost
of removal of unauthorized
occupation and fine imposed (Section
27), to regulate right of access to
highway (Section 28) and regulation
of traffic on the highway when
situation contemplated by sub-section
2 of Section 31 arises.
3. Firstly, we find that there is no
machinery created to carry out
Writ Petition (C) No.1272 of 2019 Page 2 of 26
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.
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.
4. There is no machinery provided to
the citizens to complain about
unauthorized occupation of the
highway land, congestion or other
situation contemplated by sub-
section 2 of Section 31 of the 2002
Act. There is no grievance redressal
mechanism created for the benefit of
the citizens. Unless such grievance
redressal mechanism is developed
and wide publicity is given to the
existence of mechanism, the citizens
will not have any opportunity to lodge
complaints with the Highway
Administrations. Moreover, by some
method, periodical survey of the
highways under the jurisdiction of
Highway Administration has to be
carried out with a view to ensure that
the highways are kept free of
encroachments.
Writ Petition (C) No.1272 of 2019 Page 3 of 26
5. 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. 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.
6. After carrying out survey, the
Highway Administrations will have to
exercise the powers under Section 26
of removal of unauthorized
occupation so that the highways are
clear of encroachments.
7. We grant time of two months to the
various Highway Administrations
appointed in terms of Section 3 to
report compliance. The role of the
Government of India does not come to
an end after appointing various
Highways Administrations. It is the
duty of the Government of India to
ensure that the Highway
Administrations function effectively
and discharge their duties under the
2002 Act. ”
th
Paragraph nos. 1 to 7 of the further order dated 30 April
2024 read thus:
“1. We have perused the affidavit
dated 22nd April, 2024 filed by the
Ministry of Road Transport &
Highways, Government of India,
Writ Petition (C) No.1272 of 2019 Page 4 of 26
reporting compliance with the
directions contained in the order
dated 20th February, 2024. Shri
Gyan Prakash, petitioner-in-person,
has many grievances to make about
the implementation of the directions.
2. Before we go into the grievances,
after perusing the afore- stated
compliance affidavit, we propose to
issue additional directions.
3. The letter dated 18th March, 2024
addressed by the Ministry of Road
Transport & Highways, Government
of India, records that the teams
constituted as per the communication
dated 18th March, 2020, will carry
out frequent inspection of the
National Highways for ascertaining
existence of encroachments on the
highways. Certain statistics is
incorporated in Annexure A-5 to the
compliance affidavit. 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 (for short, “the 2002
Act”).
4. To test the stand taken in the
compliance affidavit, we direct that a
specific affidavit shall be filed 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 the States of Assam,
Writ Petition (C) No.1272 of 2019 Page 5 of 26
Gujarat, Karnataka, Maharashtra,
Rajasthan, Tamil Nadu, Uttar
Pradesh and West Bengal. We direct
the Ministry of Road Transport &
Highways to collect the data of (a) the
inspections carried out by the
inspection squads; and (b) action of
removal of encroachments taken in
these States up to 30th June, 2024,
so that we will be able to issue
further directions. A compliance
affidavit on these aspects shall be
filed by the concerned respondents by
26th July, 2024.
5. From the perusal of the chart at
Annexure A-5 to the compliance
affidavit, it appears that though
notices have been issued right from
April, 2023 as regards large number
of encroachments on the highways,
action of removal appears to have
been taken in respect of few
structures/occupancies. The Ministry
of Road Transport & Highways will
invite 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 Ministry of Road
Transport & Highways will forward a
copy of this order to all the concerned
Revenue and Police Authorities of the
States.
As regards the paragraph 8 dealing
6.
with the non-implementation of the
provisions incorporated in the 2002
Writ Petition (C) No.1272 of 2019 Page 6 of 26
Act by 2019 amendment, the learned
ASG states that there is an
inadvertent mistake in paragraph 46
of the affidavit. Shri Gyan Prakash,
petitioner-in- person, points out that
pursuant to the amendments made in
the year 2019, rules were framed. But
there is no reference to the rules in
the affidavit. At this stage, the
learned ASG clarifies that there was
an amendment in the year 2019 to
the Highways Administration Rules,
2004. We direct the Ministry of Road
Transport & Highways to collect data
regarding implementation of the Rules
as amended in the year 2019 from all
the States and file a better affidavit
dealing with the compliance with the
said Rules.
7. There are large number of issues
involved in this Petition. We must
record our appreciation for the
persistent efforts made by the
petitioner - Shri Gyan Prakash to
ensure safety of our National
Highways. However, we will need
assistance of a member of the Bar.
We, therefore, appoint Ms. Swati
Ghildiyal, learned Advocate-on-
Record, as Amicus Curiae to assist
the Court. The Registry to provide
soft copies of all the documents on
record and pleadings to the learned
Amicus Curiae. We request the
learned Amicus Curiae to interact
with the petitioner - Shri Gyan
Prakash before the next date so that
she can render effective assistance to
the Court. ”
Writ Petition (C) No.1272 of 2019 Page 7 of 26
th
Thereafter, on 27 August 2024, a direction was issued to the
Ministry of Road Transport and Highways (for short, ‘MoRTH’)
to constitute a proper team for carrying out frequent and
regular inspections of all the National Highways. The order
th
dated 27 August 2024 reads thus:
“ Ms. Swati Ghildiyal, learned Amicus
Curiae, has pointed out that a
circular dated 18th March, 2024 has
been issued by the Ministry of Road
Transport & Highways, Government
of India. Her concern is 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.
Therefore, we direct 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. Each team shall
be made responsible for a particular
stretch of individual Highways.
Secondly, 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
Writ Petition (C) No.1272 of 2019 Page 8 of 26
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. 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.
We grant time till 30th September,
2024 to the Government of India to
implement the above directions.
We grant time of one month to the
learned Amicus Curiae to prepare a
note on various issues which arise on
which the directions of this Court are
necessary. The note shall be provided
by learned 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 petition shall be listed on 14th
October, 2024 for hearing the parties
and issuing interim directions.
Writ Petition (C) No.1272 of 2019 Page 9 of 26
We may also clarify 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.
There is a committee set up by this
court dealing with the issue of road
safety, headed by Shri Justice Abhay
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. ”
3. The learned amicus curiae has filed detailed notes dated
th th
5 October 2024 and 4 November 2024.
4. Now, we will deal with the 2002 Act. Section 3 of the
2002 Act provides for the establishment of Highway
Administrations, which reads thus:
“3.Establishment of Highway
Administrations.— (1) The Central
Government shall, by notification in
the Official Gazette,—
(a) establish, for the purposes of
this Act, a body or authority
consisting of one or more officers
of the Central Government or the
State Government to be known
as Highway Administration to
exercise powers and discharge
Writ Petition (C) No.1272 of 2019 Page 10 of 26
functions conferred on it under
this Act; and
(b) define the limits of the
Highway within which, or the
length of Highway on which, a
Highway Administration shall
have jurisdiction:
Provided that the Central Government
may, in the notification issued under
this sub-section or by any general or
special order, impose any condition or
limitation subject to which a Highway
Administration shall exercise powers
and discharge functions conferred on
it under this Act.
(2) The Central Government may
establish one or more Highway
Administrations for a State or Union
territory or for a Highway under sub-
section (1).
(3) Subject to the provisions of this
Act, the Highway Administration shall
exercise powers and discharge
functions conferred on it under this
Act in such manner as may be
prescribed. ”
Section 24 deals with the prevention of the occupation of
highway land. Under Section 23(1), all lands forming part of a
Highway which vest in the Central Government or which do
not already vest in the Central Government but have been
acquired for the purposes of a Highway shall, for the purposes
of the Act, be deemed to be the property of the Central
Government. Section 26 creates a mechanism for the removal
Writ Petition (C) No.1272 of 2019 Page 11 of 26
of unauthorised occupation of highways. Section 26 reads
thus:
“26. Removal of unauthorised
occupation.— (1) Where the Highway
Administration or the officer
authorised by such Administration in
this behalf is of the opinion that it is
necessary in the interest of traffic
safety or convenience to cancel any
permit issued under sub-section (2) of
section 24, it may, after recording the
reasons in writing for doing so, cancel
such permit and, thereupon, the
person to whom the permission was
granted shall, within the period
specified by an order made by the
Highway Administration or such
officer restore the portion of the
Highway specified in the permit in
such condition as it was immediately
before the issuing of such permit and
deliver the possession of such portion
to the Highway Administration and in
case such person fails to deliver such
possession within such period, he
shall be deemed to be in
unauthorised occupation of highway
land for the purposes of this section
and section 27.
(2) When, as a result of the periodical
inspection of highway land or
otherwise, the Highway
Administration or the officer
authorised by such Administration in
this behalf is satisfied that any
unauthorised occupation has taken
place on highway land, the Highway
Administration or the officer so
Writ Petition (C) No.1272 of 2019 Page 12 of 26
authorised shall serve a notice in a
prescribed form on the person
causing or responsible for such
unauthorised occupation requiring
him to remove such unauthorised
occupation and to restore such
highway land in its original condition
as before the unauthorised
occupation within the period specified
in the notice.
(3) The notice under sub-section (2)
shall specify therein the highway land
in respect of which such notice is
issued, the period within which the
unauthorised occupation on such
land is required to be removed, the
place and time of hearing any
representation, if any, which the
person to whom the notice is
addressed may make within the time
specified in the notice and that failure
to comply with such notice shall
render the person specified in the
notice liable to penalty, and summary
eviction from the highway land in
respect of which such notice is
issued, under sub-section (6).
(4) The service of the notice under
sub-section (2) shall be made by
delivering a copy thereof to the person
to whom such notice is addressed or
to his agent or other person on his
behalf or by registered post addressed
to the person to whom such notice is
addressed and an acknowledgment
purporting to be signed by such
person or his agent or other person
on his behalf or an endorsement by a
postal employee that such person or
Writ Petition (C) No.1272 of 2019 Page 13 of 26
his agent or such other person on his
behalf has refused to take delivery
may be deemed to be prima facie
proof of service.
(5) Where the service of the notice is
not made in the manner provided
under sub-section (4), the contents of
the notice shall be advertised in a
local newspaper for the knowledge of
the person to whom the notice is
addressed and such advertisement
shall be deemed to be the service of
such notice on such person.
(6) Where the service of notice under
sub-section (2) has been made under
sub-section (4) or sub-section (5) and
the unauthorised occupation on the
highway land in respect of which such
notice is served has not been removed
within the time specified in the notice
for such purpose and no reasonable
cause has been shown before the
Highway Administration or the officer
authorised by such Administration in
this behalf for not so removing
unauthorised occupation, the
Highway Administration or such
officer as the case may be, shall cause
such unauthorised occupation to be
removed at the expenses of the
Central Government or the State
Government, as the case may be, and
impose penalty on the person to
whom the notice is addressed which
shall be five hundred rupees per
square metre of the land so
unauthorisedly occupied and where
the penalty so imposed is less than
Writ Petition (C) No.1272 of 2019 Page 14 of 26
the cost of such land, the penalty may
be extended equal to such cost.
(7) Notwithstanding anything
contained in this section, the
Highway Administration or the officer
authorised by such Administration in
this behalf shall have power without
issuing any notice under this section
to remove the unauthorised
occupation on the highway land, if
such unauthorised occupation is in
the nature of—
(a) exposing any goods or article—
(i) in open air; or
(ii) through temporary stall,
kiosk, booth or any other shop
of temporary nature,
(b) construction or erection,
whether temporary or permanent,
or
(c) trespass or other unauthorised
occupation which can be removed
easily without use of any machine
or other device, and in removing
such occupation, the Highway
Administration or such officer may
take assistance of the police, if
necessary, to remove such
occupation by use of the reasonable
force necessary for such removal.
(8) Notwithstanding anything
contained in this section, if the
Highway Administration or the officer
authorised by such Administration in
this behalf is of the opinion that any
Writ Petition (C) No.1272 of 2019 Page 15 of 26
unauthorised occupation on the
highway land is of such a nature that
the immediate removal of which is
necessary in the interest of—
(a) the safety of traffic on the
Highway; or
(b) the safety of any structure
forming part of the Highway,
and no notice can be served on the
person responsible for such
unauthorised occupation under this
section without undue delay owing to
his absence or for any other reason,
the Highway Administration or the
officer authorised by such
Administration may make such
construction including alteration of
any construction as may be feasible
at the prescribed cost necessary for
the safety referred to in clause (a) or
clause (b) or have such unauthorised
occupation removed in the manner
specified in sub-section (7).
(9) The Highway Administration or an
officer authorised by such
Administration in this behalf shall, for
the purposes of this section or section
27, have the same powers as are
vested in a civil court under the Code
of Civil Procedure, 1908 (5 of 1908),
while trying a suit, in respect of the
following matters, namely:—
(a) summoning and enforcing the
attendance of any person and
examining him on oath;
Writ Petition (C) No.1272 of 2019 Page 16 of 26
(b) requiring the discovery and
production of documents;
(c) issuing commissions for the
examination of witnesses; and
(d) any other matter which may be
prescribed,
and any proceeding before such
Administration or officer shall be
deemed to be a judicial proceeding
within the meaning of sections 193
and 228, and for the purpose of
section 196, of the Indian Penal Code
(45 of 1860) and the Administration
or the officer shall be deemed to be a
civil court for the purposes of section
195 and Chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of
1974). ”
Under Section 26, a power is conferred on the Highway
Administrations or the officer authorised by the Highway
Administrations to cancel the permission granted under sub-
section (2) of Section 24. Sub-section (2) of Section 26
contemplates periodical inspection of highway land so that
unauthorised occupation of highway land can be noticed and
action can be taken by following the procedure laid down in
sub-sections (2) to (6) of Section 26. Sub-section (2) onwards
lays down the procedure to be followed, which is essential for
complying with the principles of natural justice. The mode
and manner of service of the show cause notice under sub-
section (2) of Section 26 is also laid down. Power under sub-
Writ Petition (C) No.1272 of 2019 Page 17 of 26
section (6) of Section 26 is of the removal of unauthorised
occupation of highway land.
5. Power under sub-section (8) of Section 26 is an
independent power to immediately remove unauthorised
occupation on highway land. Power under sub-section (8) of
Section 26 can be exercised for the safety of traffic on the
Highway or for the safety of any structure forming part of the
Highway. The issues raised in this petition revolve around the
unauthorised occupation of the highway land.
6. Under the National Highways Act, 1956 (for short, ‘the
1956 Act’), Section 4 provides that the National Highways
shall vest in the Union of India. In fact, under the 2002 Act,
there is a provision in the form of Section 23, which stipulates
that highway land shall be deemed to be the property of the
Central Government. Therefore, it is the obligation of the
Central Government to maintain the National Highways. The
maintenance of highways includes the obligation to keep them
in good condition. It also includes keeping them free of
encroachments and, most importantly, providing adequate
safety measures to reduce the possibility of accidents.
7. The Highway Administration, under the 2002 Act, was
th
established by the notification dated 16 September 2019.
The Highway Administration consists of the Secretary,
MoRTH; Member-DG (Road Development) and Special
Secretary, MoRTH; Chairman NHAI (National Highways
Authority of India); Managing Director, NHIDCL (National
Writ Petition (C) No.1272 of 2019 Page 18 of 26
Highways & Infrastructure Development Corporation Limited)
and Additional Secretary and Finance Advisor, MoRTH; and
Joint Secretary, MoRTH.
8. Section 4 of the 2002 Act deals with the powers and
functions of the Highway Administration. It only lays down
that the powers and functions of the Highway Administration
shall be subject to conditions and limitations as may be
imposed by the notification issued under sub-section (1) of
Section 3 of the 2002 Act. An order was passed on 16th
September 2019, in exercise of the powers under sub-section
(2) of Section 3 of the 2002 Act, by which the functions have
been assigned to three members of the Highway
Administration. It is further stated that Project Director of the
NHAI, General Manager or Deputy General Manager of the
NHIDCL and Executive Engineer of the National Highways
wing of the State Public Works Department shall have the
powers and functions of Highway Administration under
Sections 24, 26, 27, 30, 33, 36, 37 and 43 of the 2002 Act.
9. The 2004 Rules were amended by the Highway
Administration (Amendment) Rules, 2019. Rule 3 was
substituted, which outlines the powers and functions of the
Highway Administration. Rule 3 reads thus:
“3. Powers and functions by
Highway Administrations.- (1)
Subject to the provisions of the Act
and the conditions or limitations
imposed by the Central Government
under the proviso to subsection (1) of
Writ Petition (C) No.1272 of 2019 Page 19 of 26
section 3 of the Act, to the Highway
Administration, it shall:
(a) lay down policies and
implementation framework for the
Highway Administration consistent
with the provisions of the Act;
(b) issue general orders for
regulation of different types of
traffic on National Highways under
Chapter V of the Act;
(c) decide on the allocation of
functions and responsibilities
among different Highway
Administration at different levels;
(d) issue executive orders/
Standard Operating Procedures
(SOPs) in respect of delivery of
various services and enforcement of
provisions of the Act and the rules
and regulations from time to time;
(e) undertake periodical review and
monitor the functioning of Highway
Administration at different levels;
(f) any other functions and
responsibilities assigned under the
Act and the rules thereunder.
(2) Subject to the provisions under
sub-section (2) of section 3 of the Act,
the Highway Administration, shall:
a) be subject to the overall
superintendence and control of the
Highway Administration
established under sub-section (1) of
section 3 of the Act.
Writ Petition (C) No.1272 of 2019 Page 20 of 26
b) undertake periodic review of the
functioning of the Highway
Administration at different levels in
respect of delivery of services and
ensure enforcement of all the
Standard Operating Procedures and
executive instructions issued by the
Highway Administration.
c) issue executive orders/ Standard
Operating Procedures (SOPs) in
respect of delivery of various
services and enforcement of
provisions of the Act and the rules
and regulations from time to time;
d) issue specific orders for
regulation of different classes of
traffic on National Highways under
Chapter V of the Act;
e) any other functions and
responsibilities assigned under the
Act and the rules thereunder. ”
Returning to the earlier orders of this Court, the
10.
primary concern of this Court is the removal of unauthorised
occupation of highway lands through the exercise of power
under Section 26 of the 2002 Act. By filing the affidavit, the
MoRTH has placed on record, the data regarding the action
taken for the removal of unauthorised occupation in some
states. After finding that there was no effective action,
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detailed directions were issued by this Court on 18 March
2024.
11. As far as the direction regarding the development of a
portal for uploading complaints regarding encroachments on
Writ Petition (C) No.1272 of 2019 Page 21 of 26
the highways, the stand taken by the Highway Administration
is that there is a toll-free number (1033) operational to enable
the citizens to report incidents, accidents and unsafe driving
conditions on the National Highways. However, it is not
specifically mentioned that the complaints about
unauthorised occupation on highway lands can be lodged on
the said toll-free number. It is unclear whether any complaint
regarding unauthorised occupation of Highways was received
through the medium of the toll-free number.
12. Instead of developing the portal, it is claimed by the
Highway Administration that a mobile application known as
“Rajmargyatra”, which has various features for Highway users
to report incidents, hazards or concerns relating to highway
safety. The learned amicus curiae has noted that the
application users can submit complaints with geo-tagged
photos, videos and remarks. The application permits the
complaints to be filed about various aspects, such as poor
workmanship, potholes and various other issues. There is a
facility to track the status of the grievance. The learned
amicus curiae has also pointed out certain issues in the
functionality of the app including an unclear procedure of
redressal of complaints and lack of opportunity for
complainants to provide feedback on resolution of their
complaints. As a response to the issues flagged by the
amicus, the Highway Administration has submitted that the
app is being revamped and a portal for reporting complaints
related to unauthorized encroachments is under development
Writ Petition (C) No.1272 of 2019 Page 22 of 26
by NHAI. It is further submitted that the grievance redressal
portal shall also contain an option to view the status of their
complaints and action taken, along with an option to appeal.
13. Now, in view of Rule 3, as amended in the year 2019,
the Highway Administration has to perform its mandatory
duties laid down in sub-rules (1) and (2) of Rule 3 of the 2004
Rules. The duty of the Highway Administration includes
formulating Standard Operating Procedures (SOP) in respect
of the delivery of various services and the enforcement of
provisions of the 2002 Act. Nothing is brought on record to
demonstrate the performance of these duties by the Highway
Administration. Regarding the removal of unauthorised
occupation of highway lands, what is important is Section 24
of the 2002 Act, which provides for the prevention of such
occupation. Both provisions of Sections 24 and 26 must be
implemented in their true letter and spirit.
14. About regular inspection of the Highways, as rightly
amicus curiae,
suggested by the learned there is a need to
issue exhaustive circulars on this aspect setting out the
names and designations of the members of the inspection
team, the frequency of inspections, the time intervals of
inspections, allocation of highway stretches to the respective
inspection teams and timely report of encroachments by the
inspection teams. The learned amicus curiae rightly
suggested that it is necessary to constitute a dedicated
surveillance team consisting of the State Police for manning
Writ Petition (C) No.1272 of 2019 Page 23 of 26
the National Highways. The surveillance teams must
constantly carry out patrolling so that there is no
unauthorised occupation of highway lands. In fact, Highways
must be kept under surveillance by CCTV cameras. As far as
this petition is concerned, it must remain pending as this is a
fit case where this Court will have to issue a continuing
mandamus. For the time being, we issue the following
directions:-
i. We direct the Highway Administration constituted
under sub-section (1) of Section 3 of the 2002 Act to
place on record the steps taken to implement the
duties and functions of the Highway Administration
in terms of Rule 3 of the 2004 Rules as amended on
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16 September 2019. This direction shall be
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implemented by the 8 respondent–Joint Secretary
(Highways), MoRTH, by filing an affidavit along with
necessary documents within three months from
today;
st
ii. We direct the Highway Administration and the 1
respondent, Union of India, to give wide publicity to
the availability of ‘Rajmargyatra’ mobile application
on print, electronic, as well as social media.
Information about the availability of this mobile
application shall be displayed prominently at toll and
food plazas on Highways. This direction shall also be
implemented within three months from today;
Writ Petition (C) No.1272 of 2019 Page 24 of 26
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iii. We direct the 8 respondent to file on record the
details of various categories of complaints lodged on
the ‘Rajmargyatra’ mobile application, including
complaints regarding unauthorised occupation of
highway lands and action taken thereon. We further
nd
direct the 2 respondent, NHAI to report compliance
regarding the creation of grievance redressal portal
for reporting complaints relating to unauthorised
occupation of highways. The compliance affidavits
shall be filed within three months from today;
iv. We direct the Highway Administration to issue a
detailed SOP regarding the constitution of teams for
inspection of the National Highways, including
collection of data regarding unauthorised occupation
of highway lands;
st
v. We direct the 1 respondent, Union of India, to
constitute surveillance teams consisting of State
Police or other forces. The duty of the surveillance
teams will be to do patrolling regularly and
punctually. Even this compliance shall be reported
within a period of three months from today;
vi. We direct the Highway Administration and the
concerned respondents who are members of the
same to take into consideration the suggestions
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submitted by the learned amicus curiae on 5
October 2024 and take steps to implement the said
Writ Petition (C) No.1272 of 2019 Page 25 of 26
suggestions. The said suggestions shall be discussed
in the meeting of the Highway Administration so that
appropriate decisions can be taken on the
implementation thereof; and
vii. We record an appreciation for the assistance
rendered by Ms Swati Ghildiyal, the learned counsel
appointed as amicus curiae.
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viii. List for reporting compliance on 15 September
2025.
...…………………………….J.
(Abhay S Oka)
...…………………………….J.
(Augustine George Masih)
New Delhi;
May 21, 2025.
Writ Petition (C) No.1272 of 2019 Page 26 of 26