Introduction:

The Supreme Court of India has issued a significant directive to the Ministry of Road Transport and Highways (MoRTH) to establish a digital portal and a toll-free number allowing citizens to report encroachments on National Highways. This directive, passed by a bench comprising Justice Abhay Oka and Justice Augustine George Masih on August 27, 2024, responds to a writ petition highlighting the growing issue of unauthorized encroachments on highways. The Court emphasized the need for a streamlined mechanism to address this concern, which not only disrupts traffic flow but also endangers public safety.

Background of the Case:

The writ petition, filed by Gyan Prakash Mishra, brought to the forefront the pervasive issue of encroachments on National Highways across India. Encroachments have long been a concern, leading to congestion, accidents, and hampering the efficiency of road infrastructure. Despite various measures taken by authorities, the problem persists due to the lack of a robust mechanism to address and rectify such issues promptly.

The petition underscored the absence of a proper grievance redressal system for citizens to report unauthorized occupations or obstructions on highway land. It argued that the existing inspection mechanisms were insufficient and sporadic, leading to unchecked encroachments that go unnoticed until they cause significant disruptions.

Petitioner’s Arguments:

The petitioner, Gyan Prakash Mishra, contended that encroachments on National Highways pose serious threats to road safety, traffic management, and the overall effectiveness of the country’s road infrastructure. He argued that the lack of a systematic approach to identify, report, and remove these encroachments has exacerbated the problem.

Mishra pointed out that, despite the Ministry’s Circular dated March 18, 2024, which mandates inspecting authorities to report unauthorized occupations during inspections, the implementation of this directive has been inadequate. The petitioner emphasized the need for a more proactive approach, including the establishment of a citizen-friendly mechanism that allows for real-time reporting of encroachments.

Respondent’s Arguments (MoRTH):

In response, the Ministry of Road Transport and Highways (MoRTH) highlighted its ongoing efforts to address the issue of highway encroachments. The Ministry cited the Circular issued on March 18, 2024, which requires inspecting authorities to document unauthorized occupations in their Inspection Notes and mandates the removal of such encroachments by designated Highway Administrations.

The Ministry argued that these guidelines were designed to create a more effective inspection regime, ensuring that encroachments are identified and dealt with promptly. However, the Ministry acknowledged that the current system might require enhancements to improve its efficacy and coverage.

The amicus curiae appointed by the Court pointed out that while the Circular of March 18, 2024, provided guidelines for inspections, there was a need for the Ministry to form dedicated inspection teams. These teams would be tasked with conducting regular and frequent inspections of all National Highways, thereby ensuring that encroachments are identified and addressed in a timely manner.

Court’s Observations:

The Supreme Court, after reviewing submissions from both sides, noted that the issue of encroachments on National Highways is a matter of grave concern. The Court observed that the existing mechanisms were not sufficient to prevent and remove unauthorized occupations on highways, which not only disrupt traffic but also pose significant safety risks.

The bench, led by Justice Abhay Oka, remarked on the necessity of a more accessible and citizen-centric approach to addressing highway encroachments. The Court recognized that involving citizens in reporting encroachments could significantly enhance the system’s effectiveness. By allowing citizens to upload photographs and location details of encroached areas, the Ministry could ensure these issues are promptly brought to the attention of the relevant authorities.

The Court also highlighted the need for widespread publicity of the portal and toll-free number across all National Highways and through various media channels. This would ensure that the general public is aware of these tools and can actively participate in reporting encroachments.

Court’s Direction:

In its order, the Supreme Court directed MoRTH to implement the following measures by September 30, 2024:

• Creation of a Digital Portal: The Ministry was instructed to establish a user-friendly portal where citizens can lodge complaints about encroachments on National Highways. The portal should have features that allow users to upload photographs and provide precise location details of the encroached portions.
• Establishment of a Toll-Free Number: To complement the portal, the Court directed the Ministry to set up a toll-free number where citizens can report encroachments. This number should be widely publicized to ensure that citizens across the country are aware of its existence and can use it to report issues promptly.
• Formation of Inspection Teams: The Court ordered the Ministry to constitute dedicated teams responsible for conducting frequent and regular inspections of all National Highways. These teams should be tasked with identifying unauthorized occupations and ensuring that they are reported to the competent authorities for removal.
• Extension to State Highways: The Court noted that the mechanism developed for National Highways should also be extended to State Highways. The Court expressed its intention to issue further directions in this regard in the next hearing.
• Publicity and Awareness: The Court emphasized the importance of widespread publicity for the portal and toll-free number. The Ministry was directed to ensure that information about these tools is disseminated across all National Highways and through various media platforms to maximize public awareness.

The Court further directed MoRTH to submit a detailed report on the action taken in terms of the Circular dated March 18, 2024, in the form of an affidavit within three weeks.

Conclusion:

The Supreme Court’s directive to the Ministry of Road Transport and Highways marks a crucial step towards addressing the persistent issue of highway encroachments in India. By involving citizens in the process and ensuring regular inspections, the Court has laid the groundwork for a more efficient and responsive system to tackle unauthorized occupations on highways. The establishment of a digital portal and toll-free number will empower citizens to report encroachments in real-time, ensuring these issues are addressed promptlyand effectively.