Supreme Court Expresses Concern Over Highway Encroachments, Directs NHAI to Ensure Regular Inspection and Action, Calls Current Implementation ‘Only on Paper

After conducting a survey, the Highway Administrations must utilize the powers under Section 26 of the NHAI Act to remove unauthorized occupations, ensuring that the highways are free from encroachments, added the Court.

On February 6, 2024, the Supreme Court granted NHAI one week to submit additional documents indicating the establishment of a grievance machinery under the NHAI Act, 2002.

However, during the hearing on February 20, 2024, the Court expressed dissatisfaction with the NHAI Administration for not implementing the grievance redressal mechanism as required by the NHAI Act.

“After reviewing the affidavits of the Highway Administrations, one could conclude that the machinery exists only on paper, and there is no effective implementation of the provisions of the 2002 Act,” stated the Supreme Court.

The Supreme Court expressed concern over the lack of implementation of the NHAI Act, 2002.

Initially, the Supreme Court voiced concerns regarding the means of determining whether there are any unauthorized occupations on highway land. The court noted the absence of a mechanism established by the authority to verify the presence of unauthorized structures or occupations on highway land.

We have observed that the authority has not established any machinery under the Act to conduct surveys of highways within the jurisdiction of the various Highway Administrations to determine the presence of unauthorized structures or occupations on highway land. Without regular surveys, the Highway Administrations will lack a means to identify any unauthorized occupation of highway land.

Secondly, the court expressed concern over the failure to implement the grievance redressal mechanism for citizens to complain about unauthorized occupation of highway land, congestion, or other situations as envisaged by subsection 2 of Section 31 of the 2002 Act.