Highway safety no parking of heavy vehicles and unauthorized dhaba by supreme court

 *HIGHWAY SAFETY: NO PARKING OF HEAVY VEHICLES, NO UNAUTHORISED DHABAS : SC*

In _*Phalodi Accident v. National Highways Authority of India and Others*_, SMWP (C) No. 9/2025 with W.P. (C) No.1100/2025, 2026 INSC 388

A bench of *Justice J K Maheshwari* and *Justice Atul Chandurkar* passed the order - while invoking its Article 142 powers - in the suo motu case taken up in the aftermath of two tragic highway accidents with loss of 34 lives in successive road accidents viz. (1) in Rajasthan's Phalodi, where a tempo traveler slammed into a stationary truck on November 2, and the other (2) in Telangana's Rangareddy, where a passenger bus collided with a gravel-carrying truck on November 3.

*BACKGROUND*

The Bench recognizing such lapses as a grave infringement on the right to safe passage and a dereliction of statutory duty by authorities, who addressed illegal encroachments in the aftermath of the tragedies occurred, the Court issued notice to State and National authorities, demanding a comprehensive report on these egregious administrative failures and the resulting threat to public safety.

Various suggestions and recommendations were made by the Ld. Amicus Curiae and Ld. Solicitor General, who sit together under the directions of the Bench and find out the areas in which (i) further deliberations were required, (ii) the areas of improvement and (iii) the areas of immediate improvement for which directions were necessitated. NHAI placed its inputs on record.

Recognizing the _"safety of a commuter"_ as an integral facet of _"right to live with dignity"_ under Article 21 of the Constitution, on 13.04.2026, the Apex Court recently passed a slew of directions to address systemic and infrastructural issues plaguing National Highways and Expressways across the country. The Bench inter-alia directed for the immediate *removal of all unauthorized encroachments such as dhabas, eateries, etc.* falling in the Right of Way of any National Highway. The Bench further directed provision of basic *Life Support Ambulances* and truck lay-bye facilities at regular intervals on highways.

The Bench inter-alia observed that: -

_"5. It is seen that National Highways constitute approximately 2% of India’s total road length but account for nearly 30% of all road fatalities. A road, particularly a high-speed Expressway, must not become a corridor of peril due to administrative lethargy or infrastructural gaps. The loss of even a single life to avoidable hazards like illegal parking or blackspots etc., represents a failure of the State's protective umbrella. The *'Right to Life'* enshrined under Article 21 of the Constitution of India is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued. … .."_ 

In this backdrop, the Apex Court find the suggestions to be practical in nature and necessary to be issued. Accordingly, the following interim directions are issued: -

a. *Prohibition on Authorized Parking*: Heavy/commercial vehicles shall not shall park or stop at any National Highway carriageway or paved shoulder, except in a designated space. The enforcement shall be effected through the Advanced Traffic Management System – *ATMS* real-time alerts to State Police, *GPS* – timestamped photographic evidence, and integrated eChallan generation.

b. *Inspection, Survey and Citizen Grievance*: Union and State authorities shall file a consolidated report on dedicated inspection teams, demolishing of encroachments, activation of toll-free number for encroachment complaints, etc. 

c. *Encroachment Prohibition and Removal*: No new dhaba, eatery or commercial structure shall be constructed or allowed to operate within the Right of Way on any national highway. Within 60 days, the District Magistrates shall ensure removal of all such unauthorized structures. 

d. *Grant and Renewal of License, NOC or Trade Approval*: No license, trade approval or no-objection shall be granted by any authority for any site within highway safety zones, without prior clearance by NHAI/PWD. All existing licenses shall be reviewed within 30 days. 

e. *District Highway Safety Task Force (DHSTF)*: A DHSTF shall be constituted for every district through which a national highway passes. The District Collector and Commissioner of Police/Superintendent of Police shall bear joint responsibility for timely encroachment removal. State governments to also issue notification prohibiting change of land use (as prescribed).

f. *Surveillance, Patrolling and Illegal Parking*: Dedicated patrolling teams comprising state police and transport department personnel to be constituted within 30 days for regular National Highway patrolling. 

g. *Operationalization of ATMS*: NHAI shall operationalize its Advanced Traffic Management System comprising TMCC cameras, VSDS speed detectors, VIDS cameras, Variable Message Signboards, and Emergency Call Boxes across all 4/6-lane highways and expressways. Non-operational units to be made operational within 60 days. 

h. *Emergency Response and Wayside Amenities*: NHAI shall deploy within 60 days Basic Life Support ambulances and recovery cranes at every national highway, at intervals not exceeding 75 km. 

i. *Construction of Truck Lay-Bye Facilities*: Truck lay-bye facilities to be constructed on every national way at every 75 km interval. All wayside amenities to include at minimum rest areas, food services, washrooms, safe parking, first-aid facilities, and retro-reflective signage visible from 500m. 

j. *NHAI and MoRTH to consider providing *extra truck lay-bye facilities* wherever possible on the stretch of National Highway, as the drivers of heavy transport vehicles which are continuously being driven could be provided resting facilities.

k. *Accident Blackspots and Lighting*: NHAI/MoRTH to identify accident blackspots on national highways and publish a list within 45 days. NHAI to further mandate installation of high intensity LED/high-mast lighting, speed enforcement cameras, retro-reflective warning signs, and transverse bar markings at every blackspot. 

l. *Institutional Co-ordination, Reporting and Road Safety Committee*: MoRTH to place before the Court a report on constitution of an Inter-State Highway Safety Coordination Committee for standardising enforcement protocols across states. 

m. *Compliance Report*: All implementing agencies to be jointly and severally liable for compliance within their respective areas. The Court further directed its Registry to circulate copies of the order to the Chief Secretary/Administrator and Director General of Police of all States and Union Territories, State Legal Services Authorities, and National Highways & Infrastructure Development Corporation Limited. 

The Bench directed that a copy of the order was also directed to be sent to the Road Safety Committee headed by _*Hon'ble Justice (Retd.) Abhay Sapre*_ in continuation of the practice as directed in _*Gyan Prakash (supra)*_. The MoRTH, on its part, shall place before the Court the Committee's recommendations on the causes of highway accidents within 75 days. 

*Weblink*: https://api.sci.gov.in/supremecourt/2025/63765/63765_2025_3_42_70046_Judgement_13-Apr-2026.pdf