'NHAI Machinery Only On Paper' : Supreme Court Expresses Concern At Highway Encroachments, Directs Regular Inspection & Action

Expressing concern over the non-removal of unauthorized occupations/encroachments on the national highways, the Supreme Court directed the National Highways Authority of India (“NHAI”), to come out with a scheme that will provide for firstly, regular inspection of the highways, secondly, the establishment of grievance redressal mechanism and thirdly taking prompt action based on the complaints reporting unauthorized occupations/encroachments.

"Judicial notice will have to be taken of the fact that in different parts of India, there are unauthorized encroachments on highway land," the Court stated.

The Supreme Court expressed concern over the non-implementation of the Control of National Highways (Land and Traffic) Act, 2002 while hearing a Public Interest Litigation (“PIL”) seeking implementation of the grievance redressal mechanism by the NHAI, whereby people can register their grievances/complaints with the NHAI concerning unauthorized occupations/encroachments on the national highways.

“We direct the Highways Administrations to come out with a scheme which will provide for regular inspection of the highways, for establishment of grievance redressal mechanism and for taking prompt action on the basis of the complaints.”, the Bench Comprising Justices Abhay S. Oka and Ujjal Bhuyan said.

After carrying out survey, the Highway Administrations will have to exercise the powers under Section 26 of the NHAI Act for removal of unauthorized occupation so that the highways are clear of encroachments, the Court added.

On 06.02.2024, the Supreme Court granted one week time to NHAI to file additional documents to suggest that the grievance machinery was created by the NHAI under the NHAI Act, 2002.

However, when the matter was called on for hearing on 20.02.2024, the Supreme Court expressed displeasure with the National Highways Authority of India (“NHAI”) Administration over the non-implementation of grievance redressal mechanism under the NHAI Act.

“After reading the affidavits of the Highway Administrations, one gets an impression that the machinery is available only on paper and there is no effective implementation of the provisions of the 2002 Act.”, the Supreme Court said.

Supreme Court Expressed Concern Over Non-Implementation of NHAI Act, 2002

Firstly, the Supreme Court expressed concerns over the source of knowing whether there is any unauthorized occupation of highway land. The court found that there is no such machinery created by the authority to ascertain whether there are unauthorized structures or unauthorized occupation of highway land.

“we find that there is no machinery created by the authority under the Act to carry out survey of highways under the jurisdiction of the various Highway Administrations to ascertain whether there are unauthorized structures or unauthorized occupation of highway land. Unless survey is regularly carried out, the Highway Administrations will have no source of knowing whether there is any unauthorized occupation of highway land.”

Secondly, the court expressed concern over the non-implementation of the grievance redressal mechanism for the benefit of the citizens i.e., to complain about unauthorized occupation of the highway land, congestion, or other situation contemplated by subsection 2 of Section 31 of the 2002 Act.

“There is no grievance redressal mechanism created for the benefit of the citizens. Unless such grievance redressal mechanism is developed and wide publicity is given to the existence of mechanism, the citizens will not have any opportunity to lodge complaints with the Highway Administration.”, the Supreme Court stated.

The court expressed the need to carry out periodical surveys of the highways under the jurisdiction of the Highway Administration to ensure that the highways are kept free of encroachments.

Further, the Supreme Court directed that the Highway Administrations will have to exercise the powers under Section 26 of removal of unauthorized occupation so that the highways are clear of encroachments. Moreover, two months is granted to the various highway administrations under the NHAI Act to report compliance with the directions issued by the Apex Court.

“The role of the Government of India does not come to an end after appointing various Highways Administrations. It is the duty of the Government of India to ensure that the Highway Administrations function effectively and discharge their duties under the 2002 Act.”, the Supreme Court stated.

The matter is next listed on 30.04.2024.

 Case Details: GYAN PRAKASH VERSUS UNION OF INDIA & ANR., Writ Petition(s)(Civil) No(s). 1272/2019

Citation : 2024 LiveLaw (SC) 164

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