The Supreme Court has issued a slew of directions concerning highway safety and disputes related to unauthorized occupation. The Apex Court has asked the Highway Administration to give wide publicity to the availability of the ‘Rajmargyatra’ mobile application and to report compliance regarding the creation of a grievance redressal portal for reporting complaints relating to unauthorized occupation of highways.

The Apex Court was considering a Petition filed under Article 32 of the Constitution on the issue of the safety of the National Highways.

The Division Bench of Justice Abhay S. Oka & Justice Augustine George Masih ordered, “We direct the Highway Administration and the 1st respondent, Union of India, to give wide publicity to the availability of ‘Rajmargyatra’ mobile application on print, electronic, as well as social media.”

“We further direct the 2nd respondent, NHAI to report compliance regarding the creation of grievance redressal portal for reporting complaints relating to unauthorised occupation of highways. The compliance affidavits shall be filed within three months from today”, it added.

The Petitioner appeared in person while Additional Solicitor General K.M. Nataraj represented the Respondent.

Factual Background

It was pointed out in this petition, based on the report titled “Road Accidents in India – 2017”, that 53,181 persons were killed during the year 2017 on highways in India. Attention of the Court was invited to the Control of National Highways (Land and Traffic) Act, 2002 (2002 Act) and the Highway Administration Rules, 2004 (2004 Rules). In its order dated February 20, 2024, the Apex Court had noted the absence of a machinery to survey highways under the jurisdiction of the various Highway Administrations to ascertain whether there are unauthorized structures or unauthorized occupation of highway land. It was further noted that there was no machinery provided to the citizens to complain about unauthorized occupation of the highway land, congestion or other situations.

The Court had directed the Highways Administration to come out with a scheme providing for regular inspection of the highways, for the establishment of a grievance redressal mechanism and for taking prompt action based on the complaints. Later, a direction was also issued to the Ministry of Road Transport and Highways (MoRTH) to constitute a proper team for carrying out frequent and regular inspections of all the National Highways.

Reasoning

Considering the fact that the issues raised revolved around the unauthorized occupation of the highway land, the Bench explained that the power under sub-section (8) of Section 26 is an independent power to immediately remove unauthorized occupation on highway land. Power under sub-section (8) of Section 26 can be exercised for the safety of traffic on the Highway or for the safety of any structure forming part of the Highway.

“ In fact, under the 2002 Act, there is a provision in the form of Section 23, which stipulates that highway land shall be deemed to be the property of the Central Government. Therefore, it is the obligation of the Central Government to maintain the National Highways. The maintenance of highways includes the obligation to keep them in good condition. It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce the possibility of accidents”, it said.

The Bench noted that instead of developing a portal, it was claimed by the Highway Administration that a mobile application known as “Rajmargyatra” is available, which has various features for Highway users to report incidents, hazards or concerns relating to highway safety. The amicus curiae also noted that the application users can submit complaints with geo-tagged photos, videos and remarks. As a response to the issues flagged by the amicus, the Highway Administration submitted that the app is being revamped, and a portal for reporting complaints related to unauthorized encroachments is under development by NHAI.

“The duty of the Highway Administration includes formulating Standard Operating Procedures (SOP) in respect of the delivery of various services and the enforcement of provisions of the 2002 Act. Nothing is brought on record to demonstrate the performance of these duties by the Highway Administration”, it said.

Thus, the directions issued by the Court are as follows:

  • Highway Administration to place on record the steps taken to implement the duties and functions of the Highway Administration in terms of Rule 3 of the 2004 Rules as amended on September 16, 2019.
  • The Administration and Union of India, to give wide publicity to the availability of ‘Rajmargyatra’ mobile application on print, electronic, as well as social media. Information about the availability of this mobile application must be displayed prominently at toll and food plazas on Highways.
  • NHAI to report compliance regarding the creation of a grievance redressal portal for reporting complaints relating to unauthorized occupation of highways.
  • Highway Administration to issue a detailed SOP regarding the constitution of teams for the inspection of the National Highways, including a collection of data regarding unauthorized occupation of highway lands.
  • Union of India, to constitute surveillance teams consisting of State Police or other forces.
  • Highway Administration has to take into consideration the suggestions submitted by the amicus curiae and take steps to implement the said suggestions.

The matter has now been listed for reporting compliance on September 15, 2025.

Cause Title: Gyan Prakash v. Union of India & Ors. (Neutral Citation: 2025 INSC 753)

Appearance:

Petitioner: Petitioner-in-person

Respondent: Additional Solicitor General K.M. Nataraj, Advocates Sharath N. Nambiar, Indira Bhakar, Vinayak Sharma, Vatsal Joshi, Anuj Udupa, Chitransh Sharma, Satvika Thakur, Yogya Rajpurohit, Aayush Saklani, Nitkita Capoor, AOR Gurmeet Singh Makker, AOR Sourav Roy, Advocates Pranav Bafna, Anshu Deshoande, Vinayak Sharma

Click here to read/download Order



Justice Abhay S OkaJustice Augustine George Masih

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.