SC Directs NHAI to Curb Unauthorised Highway Occupation, Form Surveillance Teams for Patrolling

In a significant move to address the growing issue of encroachments along national highways, the Supreme Court has directed the National Highways Authority of India (NHAI) to take effective steps to curb unauthorised occupation of highway lands. The top court also ordered the formation of dedicated surveillance teams comprising police personnel to regularly patrol the highways.

A bench comprising Justices Abhay S Oka and Augustine George Masih passed a slew of directions aimed at strengthening enforcement under the Control of National High Highways (Land and Traffic) Act, 2002.

The apex court also asked the Centre to publicise the NHAI’s mobile application ‘Rajmargyatra’ through print, electronic, and social media platforms. The app, launched by NHAI, provides national highway users with comprehensive information and a mechanism for lodging complaints, including those related to illegal encroachments.

“The availability of the Rajmargyatra mobile application shall be displayed prominently at toll plazas and food plazas along the highways,” the court said. It further directed the Joint Secretary to file details of the various types of complaints registered through the app, particularly those concerning unauthorised occupation, along with the action taken.

Additionally, the bench ordered NHAI to ensure the creation of a dedicated grievance redressal portal specifically for highway land encroachment complaints, with a compliance affidavit to be submitted within three months.

The court also mandated that a Standard Operating Procedure (SOP) be issued for inspection of national highways. This SOP must include protocols for data collection and reporting on illegal occupations.

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“We direct the Union of India to constitute surveillance teams consisting of state police or other forces. Their duty will be to patrol the highways regularly and punctually,” the court said, adding that compliance in this regard must also be filed within three months.

The directions came during the hearing of a Public Interest Litigation (PIL) filed by petitioner Gyan Prakash, who sought the implementation of provisions under the 2002 Act and the removal of encroachments along highways.

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The court took note of the suggestions made by amicus curiae Advocate Swati Ghildiyal and directed the concerned authorities to implement them appropriately. The matter is scheduled to be taken up next on September 15 for reviewing compliance.

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