Case Note & Summary
The petitioner, Gyan Prakash, filed a writ petition under Article 32 of the Constitution of India raising a critical issue regarding the safety of National Highways. The petition highlighted that according to the report 'Road Accidents in India – 2017', 53,181 persons were killed on highways in India in 2017. The petitioner drew the Court's attention to the Control of National Highways (Land and Traffic) Act, 2002 and the Highway Administration Rules, 2004, and sought directions for their effective implementation. The Court, after hearing the petitioner in person, amicus curiae Ms. Swati Ghildiyal, Additional Solicitor General Shri K M Nataraj, and intervenor Shri Rajiv Pratap Rudy, a Member of Parliament, examined the compliance affidavits filed by the Ministry of Road Transport & Highways. The Court observed that while various authorities under Section 3 of the 2002 Act had been constituted, there was no effective implementation of the Act's provisions. The Court noted the absence of a machinery for regular survey of highways to detect unauthorized structures, no grievance redressal mechanism for citizens to complain about encroachments or unsafe conditions, and inadequate action on removal of encroachments despite notices being issued. The Court issued a series of directions: Highway Administrations must carry out regular inspections and surveys, establish a grievance redressal mechanism including a portal and toll-free number for citizens to report encroachments with photographs and location details, and ensure prompt action on complaints. The Ministry of Road Transport & Highways was directed to constitute proper inspection teams for frequent and regular inspection of all National Highways, with each team responsible for a specific stretch. The Court also directed that the mechanism for National Highways be extended to State Highways. The Court recorded its appreciation for the petitioner's persistent efforts and appointed Ms. Swati Ghildiyal as amicus curiae to assist the Court. The matter was listed for further hearing on 14th October 2024 for issuing interim directions.
Headnote
A) Constitutional Law - Public Interest Litigation - Article 32 of the Constitution of India - Safety of National Highways - The petitioner filed a writ petition under Article 32 raising the issue of highway safety, citing that 53,181 persons were killed on highways in 2017. The Court examined the implementation of the Control of National Highways (Land and Traffic) Act, 2002 and the Highway Administration Rules, 2004. (Paras 1-2) B) Highway Law - Control of National Highways (Land and Traffic) Act, 2002 - Sections 3, 24, 26, 27, 28, 31 - Duties of Highway Administrations - The Court noted that Highway Administrations have important functions including prevention of occupation of highway land (Section 24), removal of unauthorized occupation (Section 26), recovery of costs (Section 27), regulating access (Section 28), and regulating traffic when highways become congested or unsafe (Section 31(2)). The Court found that these provisions were not being effectively implemented. (Paras 2-4) C) Highway Law - Control of National Highways (Land and Traffic) Act, 2002 - Section 26 - Removal of Encroachments - The Court directed Highway Administrations to carry out regular surveys and inspections to identify unauthorized structures and occupations, and to take prompt action for removal. The Court also directed the Ministry of Road Transport & Highways to collect data on inspections and removal actions from specified states. (Paras 3-6) D) Highway Law - Grievance Redressal Mechanism - The Court directed the creation of a portal and toll-free number for citizens to lodge complaints about encroachments on highways, with facilities to upload photographs and location details. The Ministry was also directed to give wide publicity to the mechanism. (Para 8) E) Highway Law - Inspection Teams - The Court directed the Ministry of Road Transport & Highways to constitute proper teams for frequent and regular inspection of all National Highways, with each team responsible for a particular stretch. The teams must report encroachments to the competent authority immediately. (Para 8)
Issue of Consideration
Whether the provisions of the Control of National Highways (Land and Traffic) Act, 2002 and the Highway Administration Rules, 2004 are being effectively implemented to ensure safety of National Highways and prevent encroachments.
Final Decision
The Court directed the Ministry of Road Transport & Highways to constitute proper teams for frequent and regular inspection of all National Highways, create a portal and toll-free number for citizens to report encroachments, and give wide publicity to the mechanism. The Court also directed that the mechanism be extended to State Highways. The matter was listed for further hearing on 14th October 2024 for issuing interim directions.
Law Points
- Implementation of Control of National Highways (Land and Traffic) Act
- 2002
- Duty of Highway Administrations to prevent encroachments
- Grievance redressal mechanism for citizens
- Regular inspection of highways
- Removal of unauthorized occupation
