Supreme Court orders routine inspections of national highways to keep encroachments in check

New Delhi: The Supreme Court has directed the Union government's Ministry of Road Transport and Highways to carry out regular inspections and develop a portal where citizens can lodge complaints about the encroachments on highways.

Taking up a petition, a bench of Justices Abhay S Oka and Augustine George Masih directed the Ministry to constitute proper teams for frequent and regular inspection of all National Highways to ascertain encroachments over there.

"Each team shall be made responsible for a particular stretch of individual highways," the court said in a recent order.

Giving the Union government time to implement its directions by September 30, 2024, the court noted the concern of amicus curiae Swati Ghildiyal who said 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 a Circular in March 2024 is the same as prescribed at the construction stage, which would not work.

The court issued a slew of directions, including creation of a portal for the citizens to report the encroachment and uploading of the action taken report.

It directed 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 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," the bench said.

The court directed the Ministry to place on record the details of the action taken in terms of its March, 2024 circular, in the form of an affidavit within three weeks.

The bench also noted there is a committee set up by this court dealing with the issue of road safety, headed by Justice Abhay M 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," the bench said.

The court also said 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," the bench said.

The bench also directed the amicus curiae to prepare a note on various issues in which directions of this court are necessary.

The court scheduled the matter further hearing on October 14.