Introduction:

In a significant development, the Supreme Court has directed the National Highways Authority of India (NHAI) to formulate a comprehensive scheme addressing the issue of unauthorized occupations and encroachments on national highways. The court expressed dismay over the non-implementation of the Control of National Highways (Land and Traffic) Act, 2002, and emphasized the need for a robust grievance redressal mechanism. This directive comes in response to a Public Interest Litigation (PIL) seeking the implementation of a grievance redressal system to tackle unauthorized occupations on highways.

Arguments:

The petitioner highlighted the urgency of curbing unauthorized occupations on national highways and advocated for the effective enforcement of the NHAI Act, 2002. The Supreme Court, in turn, expressed concerns over the lack of a mechanism to identify unauthorized structures on highway land and underscored the necessity for regular surveys. The court also emphasized the non-implementation of a grievance redressal mechanism for citizens to report unauthorized occupations.

Court’s Judgment:

The Supreme Court directed NHAI to develop a scheme encompassing regular inspections, a robust grievance redressal mechanism, and prompt action based on citizen complaints. The court stressed the importance of exercising powers under Section 26 of the NHAI Act for the removal of unauthorized occupations. Additionally, the court granted a two-month window for various highway administrations under the NHAI Act to report compliance with the directives.