Supreme Court Orders Immediate Removal Of Illegal Encroachments On National Highways; Bans New Dhabas Within Right Of Way

"A road, particularly a high-speed Expressway, must not become a corridor of peril due to administrative lethargy or infrastructural gaps," Supreme Court, in a landmark Suo Motu ruling, has initiated a zero-tolerance crackdown on illegal highway encroachments, holding that the right to safe passage is an integral facet of the Right to Life under Article 21 of the Constitution.

A bench comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar issued a series of sweeping interim directions under Article 142, observing that while National Highways constitute only 2% of India's road length, they account for nearly 30% of all road fatalities. The Court emphasized that no administrative constraint can outweigh the sanctity of human life.

The Court took Suo Motu cognizance of systemic negligence following the tragic loss of 34 lives in successive road accidents in Phalodi, Rajasthan, and Rangareddy, Telangana, in November 2025. These incidents highlighted catastrophic infrastructure failures and the proliferation of illegal roadside establishments that compromise highway safety. The proceedings sought to address the "dereliction of statutory duty" by authorities who failed to prevent unauthorized encroachments on high-speed corridors.

The primary question before the Court was whether the state's failure to maintain encroachment-free highways violates the constitutional guarantee of the Right to Life. The Court also examined the effective implementation of the Control of National Highways (Land and Traffic) Act, 2002, and the necessity of immediate judicial intervention to prevent further loss of life due to administrative lethargy.

Constitutional Mandate Of Safe Passage Under Article 21

The Court held that the 'Right to Life' enshrined under Article 21 is not merely a guarantee against the unlawful taking of life but a positive mandate upon the State to ensure a safe environment. The bench observed that recognizing the safety of the commuter is an integral facet of the right to live with dignity. It noted that the loss of even a single life to avoidable hazards like illegal parking or blackspots represents a failure of the State’s protective umbrella.

Immediate Ban On New Dhabas And Commercial Structures

In a significant move to clear the Right of Way (ROW), the Court prohibited the construction or operation of any new dhaba, eatery, or commercial structure within the ROW of any National Highway with immediate effect. The bench directed that District Magistrates must ensure no department or local body grants or renews any license, NOC, or trade approval for sites within highway safety zones without prior clearance from the NHAI or PWD. All existing licenses for such sites must be reviewed within 30 days.

60-Day Deadline For Demolition Of Unauthorized Encroachments

The Court issued a stern directive to District Magistrates to enforce the demolition and removal of all existing unauthorized structures within 60 days. This process must strictly follow the procedure prescribed under the Control of National Highways (Land and Traffic) Act, 2002 (CNH Act). The bench emphasized that authorities must move beyond reactive measures and ensure that highways remain free of obstructions that force heavy vehicles to park dangerously on the carriage-way.

"The safety of the commuter is an integral facet of the right to live with dignity as a constitutional obligation under Article 21 of the Constitution of India."

Formation Of District Highway Safety Task Forces

To ensure localized accountability, the Court ordered every District Magistrate to constitute a District Highway Safety Task Force within 15 days. This body, comprising officers from the District Administration, Police, NHAI, and PWD, will hold fortnightly review meetings to monitor encroachment removal. The District Collector and the Superintendent of Police shall bear joint responsibility for the timely execution of these demolition drives and the maintenance of highway safety standards.

Strict Prohibition On Carriageway Parking And Enhanced Surveillance

The bench prohibited all heavy or commercial vehicles from parking or stopping on any National Highway carriageway or paved shoulder, except at designated bays or Wayside Amenities. To enforce this, the Court directed the operationalization of the Advanced Traffic Management System (ATMS), which will use real-time alerts and GPS-timestamped photographic evidence to generate e-challans. The NHAI was directed to ensure all 4 and 6-lane highways are equipped with speed detectors and emergency call boxes within 60 days.

State’s Positive Obligation To Provide Emergency Medical Response

Invoking the State’s duty under Article 21, the Court directed the NHAI to deploy Basic Life Support (BLS) ambulances and recovery cranes at intervals not exceeding 75 km on every National Highway stretch. These units must be stationed at toll plazas or Wayside Amenities to ensure prompt medical response. The Court also ordered the construction of truck lay-bye facilities every 75 km, specifically prioritizing the Amritsar-Jamnagar Highway to provide resting facilities for long-haul drivers.

"No pecuniary or administrative constraint can outweigh the sanctity of human life, and the strict timelines provided herein reflect the urgency of this constitutional obligation."

Mandatory Identification And Rectification Of Accident Blackspots

The Ministry of Road Transport and Highways (MoRTH) and NHAI have been directed to publish a comprehensive list of accident blackspots within 45 days. The Court mandated a policy framework for the installation of high-intensity LED lighting, speed enforcement cameras, and retro-reflective warning signs at every identified blackspot. These safety installations must be completed within four months of the policy's framework to mitigate the risks posed by "corridors of peril."

The Supreme Court concluded by emphasizing that administrative lethargy cannot be permitted to turn high-speed expressways into death traps. By issuing these comprehensive interim directions under Article 142, the Court has placed the burden of compliance directly on the Chief Secretaries and DGPs of all States. The matter has been listed after two months for a detailed compliance report to ensure that the mandate for safe passage is realized on the ground.

Date of Decision: 13 April 2026