Authority: Supreme Court of India

Order Date: 13-07-2026

Case Overview

  • Petition: Suo Moto Writ Petition (Civil) No(s).9/2025 – In re: Phalodi Accident filed by unnamed petitioners.
  • Respondent: National Highways Authority of India (NHAI).
  • Multiple intervenor applications were listed (IA Nos. 316792/2025, 294494/2025, 335365/2025, 316793/2025, 152354/2026).
  • The matter was heard before Hon'ble Mr. Justice Vikram Nath and Hon'ble Mr. Justice Sandeep Mehta, with senior counsel, amicus curiae, and representatives of both parties present.

Court Directions (Detailed Order dated 13th April 2026)

a) Prohibition on Authorized Parking – No heavy/commercial vehicle may park/stop on highway carriageway or paved shoulder except at designated bays, lay‑bys or wayside amenities. Enforcement via Advanced Traffic Management System (ATMS) real‑time alerts, GPS‑timestamped photographic evidence and e‑Challan generation. Compliance required from NHAI, State Police, State Transport Department and District Magistrates within 60 days.

b) Inspection, Survey and Citizen Grievance – NHAI, NHIDCL and State PWDs must, within 30 days, file a consolidated report covering: (i) composition and schedule of dedicated inspection teams for each highway stretch; (ii) state‑wise encroachments identified, notices issued under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002 and structures demolished; (iii) status of compliance with directions in Gyan Prakash v. Union of India. NHAI must also operationalise the Rajmargyatra encroachment complaint module (geo‑tagged uploads, grievance tracking, appeal mechanism), activate toll‑free number 1033, and disseminate information via signage, toll plazas and media. Drone‑based aerial surveys (per DRAMS Policy Circular, 05.09.2025) to be conducted twice annually with six‑monthly reports filed before the Court.

c) Encroachment Prohibition and Removal – Construction/operation of any new dhaba, eatery or commercial structure within the Right of Way (ROW) of any National Highway is prohibited with immediate effect. District Magistrates to enforce demolition/removal of all new or existing unauthorised structures within 60 days, following CNH Act procedure and SOP dated 07.08.2025.

d) Grant and Renewal of License, NOC or Trade Approval – No department, authority or local body shall grant or renew any licence, NOC or trade approval for any site within Highway safety zones without prior NHAI/PWD clearance; all existing licences for such sites to be reviewed within 30 days.

e) District Highway Safety Task Force – Every district traversed by a National Highway must constitute a District Highway Safety Task Force within 15 days of this order, and the Task Force must be operational within 7 days. The Task Force shall include officers of District Administration, Police, NHAI (or land‑owning agency), PWD and local bodies. District Collector and Commissioner of Police/Superintendent of Police shall share joint responsibility for timely encroachment removal. The Task Force shall hold fortnightly review meetings and maintain minutes. State Governments to issue notifications within 60 days prohibiting change of land use within 40 m (residential) and 75 m (commercial) from the highway mid‑point, consistent with IRC norms; MoRTH to facilitate uniform notifications across all States.

f) Surveillance, Patrolling and Illegal Parking – Dedicated Highway Surveillance Teams of State Police and Transport Department personnel to be constituted within 30 days for regular patrolling, supplementing NHAI’s 24×7 route patrolling vehicles at intervals not exceeding 50 km. All vehicles must be equipped with Vehicle Tracking Devices.

g) Operationalisation of ATMS – NHAI to operationalise its ATMS (TMCC cameras, VSDS speed detectors, VIDS cameras, Variable Message Signboards, Emergency Call Boxes) across all 4/6‑lane highways and expressways as per Policy Circular dated 10.10.2023. An affidavit confirming operational status of each component must be filed within 60 days; any non‑operational units to be made functional within 60 days.

h) Emergency Response and Wayside Amenities – NHAI to deploy BLS ambulances and recovery cranes within 60 days, positioned at intervals not exceeding 75 km on every National Highway stretch, at toll plazas, wayside amenities or dedicated posts, to fulfil the State’s positive obligation under Article 21 of the Constitution for prompt emergency medical response.

i) Construction of Truck Lay‑Bye Facilities – NHAI and MoRTH to construct truck lay‑by facilities at intervals of every 75 km on all National Highways, prioritising the Amritsar‑Jamnagar Highway, and to operationalise the Wayside Amenities Policy dated 29.12.2025. All Wayside Amenities must include rest areas, food services, washrooms, safe parking, first‑aid facilities and retro‑reflective signage visible from 500 m, complying with FSSAI standards.

j) Additional Lay‑Bye Facilities – NHAI/MoRTH may consider providing extra truck lay‑by facilities wherever possible to support drivers of heavy transport vehicles.

k) Accident Blackspots and Lighting – MoRTH/NHAI to identify accident blackspots and critical areas and publish a comprehensive list within 45 days. NHAI shall issue a Policy Framework mandating installation of high‑intensity LED/high‑mast lighting, speed‑enforcement cameras, retro‑reflective warning signs and transverse bar markings at every blackspot; full installation to be completed within 4 months of the Policy Framework.

l) Institutional Coordination, Reporting and Road Safety Committee – MoRTH to place before the Court, within 60 days, a report on the constitution of an Inter‑State Highway Safety Coordination Committee for standardising enforcement protocols, including uniform driving‑hour limits, surveillance standards, parking enforcement and penalty regimes across State boundaries.

m) Compliance Report – All implementing agencies (NHAI, NHIDCL, State PWD, BRO) shall be jointly and severally responsible for compliance within their jurisdictions. MoRTH, after securing consolidated district‑wise and agency‑wise compliance reports, shall file the same in tabular form before the Court within 75 days from the date of uploading of this order.

2. The Court directed that a copy of the order be transmitted to Chief Secretaries/Administrators and Directors General of Police of all States and Union Territories, the State Legal Services Authorities, and the National Highways & Infrastructure Development Corporation Limited.

3. Senior Counsel A.N.S. Nadkarni, Amicus Curiae, reported that compliance affidavits have been received only from Bihar, Karnataka and Puducherry.

4. The Court ordered that the copy of this order and the order dated 13th April 2026 be forwarded again to all concerned authorities by e‑mail immediately.

5. Authorities are warned that if compliance affidavits are not filed within the next two weeks, the Court will direct personal appearance (physical or virtual) of the Chief Secretaries/Administrators and Directors General of Police of defaulting States and Union Territories.

6. List on 17th August 2026.

Final Outcome

The Supreme Court issued a comprehensive set of enforceable directives to NHAI, MoRTH, State Police, Transport Departments and District Magistrates mandating parking prohibitions, encroachment removal, safety infrastructure deployment, ATMS operationalisation, and detailed compliance reporting, with a clear timeline and the threat of personal appearance for non‑compliant States.

Topics: Road Safety, Highway Infrastructure, Judicial Enforcement