SC Orders Centre To Form Teams For Highway Encroachment Inspections

Highway Encroachment Inspections

The Supreme Court on Tuesday expressed concern over unauthorized encroachments on national and state highways and directed the Ministry of Road Transport and Highways to take immediate action.

A bench of Justices Abhay S. Oka and Augustine George Masih ordered the ministry to establish teams for regular inspections of highways to identify and address unauthorized occupations.

The court also instructed MORTH to create an online portal where citizens can report encroachments and upload supporting photos. Additionally, a toll-free number should be set up to allow the public to report these issues directly.

This directive was issued while hearing a Public Interest Litigation (PIL) filed by Gyan Prakash, who sought the enforcement of the Control of National Highways (Land and Traffic) Act, 2002, to remove encroachments from highways. Advocate Swati Ghildiyal, appointed as amicus curiae, highlighted that a circular was issued in March 2020, instructing the formation of inspection teams, but these teams had not been effectively operationalized.

The court emphasized the need for the ministry to comply with its directive by September 30, providing data on actions taken to remove encroachments. It also called on state governments to assist in these efforts.

The Supreme Court expressed dissatisfaction with the data previously provided by MORTH regarding the enforcement of the March 2020 circular and the removal of encroachments. It directed the ministry to submit a detailed affidavit on the inspections conducted and actions taken in states like Assam, Gujarat, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh, and West Bengal by June 30, 2024.

The court noted that there appeared to be limited action taken despite notices being issued to address encroachments. It emphasized the need for local administrations and police to assist in enforcing the law.

Previously, the court had raised concerns about the lack of a systematic approach to identifying and removing unauthorized structures on highways, pointing out that the current system seemed to exist only on paper. The court called for the establishment of a grievance redressal mechanism to ensure prompt action on complaints related to highway encroachments.

The bench also stressed that the responsibility of the Indian government extends beyond appointing highway administrations and includes ensuring their effective functioning to maintain safe and congestion-free highways.