New Delhi: The Supreme Court on Monday indicated that it may frame pan-India guidelines to prevent road accidents on expressways and national highways, taking note of recurring fatal crashes such as the recent incident in Rajasthan’s Phalodi that claimed 15 lives, including women and children.
A Bench comprising Justices J K Maheshwari and Vijay Bishnoi observed that gaps in implementation of existing laws and unchecked encroachments along highways were contributing significantly to accidents across the country. The court stressed that the issue was not confined to one state but was of national importance, requiring uniform standards and strict enforcement.
Focus on illegal dhabas and highway encroachments
During the hearing, the Bench flagged the proliferation of illegal dhabas and small eateries on both sides of national highways and expressways as a major safety concern. The judges observed that such establishments often come up without authorisation, forcing vehicles to stop abruptly on high-speed corridors, thereby increasing the risk of collisions.
Solicitor General Tushar Mehta, appearing for the National Highways Authority of India (NHAI), was asked to place on record the statutory rules and regulations governing action against illegal dhabas and encroachments. The court also sought details on which authority is responsible for initiating action, what steps have been taken so far, and which agencies have failed to implement the provisions.
“After discussion between amicus and Solicitor General, issues resolved by them, which may be helpful for issuance of the guidelines, also to be produced,” the Bench ordered, adding that parties were free to exchange Google images to better highlight the real problem on the ground.
NHAI’s stand on enforcement challenges
Explaining the constraints faced by the highway authority, the Solicitor General told the court that while the NHAI has the power to remove illegal dhabas and eateries, enforcement has largely been delegated to local district magistrates.
“There has been a general delegation to the local district magistrate. The local police and other authorities are under his command and control, which the NHAI does not have. So we have to find out a solution,” Mehta submitted.
He further stated that expressways and national highways generally have service roads at regular intervals, where vehicles facing breakdowns are expected to stop safely. However, the court was not fully convinced by this explanation.
Court questions gaps in infrastructure and oversight
Justice Vijay Bishnoi pointed out that service roads are not available along every stretch of expressways and highways. He observed that in many places, illegal dhabas and makeshift eateries emerge in between designated service areas, and it is often near these locations that serious accidents occur.
The Bench noted that the NHAI’s report appeared to place the blame on local contractors or district administrations for encroachments. However, the judges made it clear that the court wanted clarity on which authority, under the law, is duty-bound to ensure that such unauthorised establishments do not come up in the first place.
Justice Maheshwari said the court was keen to address loopholes in existing provisions and ensure their effective implementation to prevent a repetition of accidents like the one in Phalodi.
Wider national concern, not a single-state issue
Appearing for an intervenor, advocate Pranav Sachdeva told the court that similar issues had been raised earlier and that the Supreme Court had already issued directions in the past, which were not properly implemented by authorities.
He highlighted examples from Goa, where highways pass through villages and near medical colleges, significantly increasing the risk of accidents due to mixed traffic and poor regulation. Sachdeva informed the court that he had placed on record a recent Supreme Court judgment directing the NHAI to develop a standard operating procedure (SOP) to remove encroachments.
Justice Maheshwari responded by stating that the court was examining the matter from a national perspective. “The issue is not of one state alone but of the entire country,” he said, underlining the need for comprehensive guidelines applicable across India.
Evidence of widespread encroachments
Senior advocate A N S Nadkarni, appointed as amicus curiae in the matter, informed the Bench that he had filed Google images demonstrating widespread encroachments along highways in several states. These visual records, he said, showed how illegal structures had mushroomed dangerously close to high-speed roads.
The court said such material would assist it in understanding the scale of the problem and framing effective remedial measures.
Background: Phalodi accident and suo motu action
The Supreme Court had taken suo motu cognisance of the November 2 accident in Rajasthan’s Phalodi, where a tempo traveller rammed into a stationary trailer truck on the Bharat Mala highway near Matoda village. The vehicle was travelling from Kolayat temple in Bikaner to Jodhpur when the crash occurred. Ten women and four children were among the 15 people who lost their lives.
On November 10, the apex court had sought responses from the NHAI and the Ministry of Road Transport and Highways. It had also directed them to conduct a survey of the area and submit a report on the number of dhabas operating along the highway passing through Phalodi, the condition of the road, and whether contractors were adhering to prescribed maintenance norms.
Conclusion
With road accidents continuing to claim thousands of lives every year, the Supreme Court’s move to consider pan-India guidelines signals a push towards stronger accountability and uniform safety standards on highways. The court’s focus on illegal encroachments, enforcement gaps and inter-agency coordination could pave the way for systemic reforms aimed at reducing fatal accidents and improving road safety across the country.