21 May 2025 Constitutional & Government >> Constitution & Law Procedure  

In a pivotal judgment dated May 21, 2025, the Supreme Court of India, in the case of Gyan Prakash v. Union of India & Others, addressed the critical issue of National Highway safety and the pervasive problem of unauthorized occupation of highway lands. Acknowledging the alarming statistics of road fatalities, the Court issued a series of comprehensive directives aimed at improving highway safety and ensuring the integrity of public thoroughfares.

Background of the Petition:

The petition, filed under Article 32 of the Constitution of India, brought to the Supreme Court's attention the dire state of National Highway safety. Citing the "Road Accidents in India 2017" report, which revealed that 53,181 persons were killed on Indian highways in that year alone, the petitioner highlighted the urgent need for intervention. The Court's attention was drawn to the existing legal framework, specifically the Control of National Highways (Land and Traffic) Act, 2002, and the Highway Administration Rules, 2004, which are designed to manage and protect these vital public assets.

Court's Directives for Action: While the original prayers in the petition were broad, the Supreme Court, after careful consideration, focused on actionable steps to combat unauthorized occupation and enhance safety. The Court issued the following stringent directives to various authorities:

1. Strict Enforcement of the 2002 Act: The Highway Administration was directed to diligently implement the provisions of the Control of National Highways (Land and Traffic) Act, 2002, particularly Chapter V, which deals with the removal of unauthorized occupation. All pending applications and proceedings under this chapter must be decided expeditiously, ideally within three months.
2. Regular Demolition Drives: A specific mandate was given to the Highway Administration and the National Highways Authority of India (NHAI) to conduct demolition drives at least once every three months to remove unauthorized structures and encroachments from National Highway lands.
3. Grievance Redressal Portal: The Union of India and NHAI are required to establish a dedicated grievance redressal portal within three months. This portal will serve as a platform for reporting complaints related to unauthorized occupation of highways, and compliance reports must be submitted.
4. Standard Operating Procedure (SOP) for Inspections: The Highway Administration is tasked with issuing a detailed SOP for constituting teams responsible for inspecting National Highways. This SOP must include provisions for the systematic collection of data regarding unauthorized occupation of highway lands.
5. Constitution of Surveillance Teams: The Union of India, as the first respondent, has been directed to form surveillance teams comprising State Police or other forces. These teams will be responsible for regular and punctual patrolling to prevent and address encroachments. Compliance with this directive must also be reported within three months.
6. Implementation of Amicus Curiae Suggestions: The Highway Administration and concerned respondents were instructed to consider and implement suggestions submitted by the learned amicus curiae on October 5, 2024. These suggestions are to be discussed in a meeting of the Highway Administration to facilitate appropriate decisions on their implementation.

The Court also expressed appreciation for the assistance provided by Ms. Swati Ghildiyal, the learned amicus curiae. The case is slated for reporting compliance on September 15, 2025.

Conclusion:

This Supreme Court judgment marks a significant step towards ensuring safer and encroachment-free National Highways in India. By issuing clear and time-bound directives, the Court has underscored the urgency of addressing unauthorized occupations and enhancing enforcement mechanisms. The effectiveness of these measures will depend on the diligent and coordinated efforts of the Highway Administration, NHAI, and other relevant government bodies, ultimately contributing to a safer travel experience for all citizens.