Courtroom Chronicles

SC ON NATIONAL HIGHWAY ENCROACHMENTS – GYAN PRAKASH vs. UNION OF INDIA

by | May 22, 2025

Supreme Court of India building representing highway safety litigation.

Supreme Court hearing on National Highway encroachments and public safety.

In Gyan Prakash vs. Union of India & Ors., the Supreme Court addressed rampant encroachments on National Highways endangering public safety. SC on National Highway Encroachments – Gyan Prakash vs. Union of India. The petitioner highlighted the death toll from road accidents and inadequate enforcement of the Control of National Highways (Land and Traffic) Act, 2002. The Court noted the absence of inspection mechanisms, grievance redressal, and public engagement. Directives were issued for forming inspection teams, creating public reporting portals, and regular patrols. The Court appointed an amicus curiae and mandated periodic compliance reports, emphasizing the necessity for continuous oversight to ensure highway safety.

SC ON NATIONAL HIGHWAY ENCROACHMENTS – GYAN PRAKASH vs. UNION OF INDIA

ASPECT DETAILS
Case Title Gyan Prakash vs. Union of India & Ors.
Introduction A public interest litigation filed under Article 32 of the Constitution focusing on safety and encroachments on National Highways.
Factual Background Based on alarming data from the “Road Accidents in India – 2017” report showing 53,181 deaths on highways. Highlights failure to enforce the Control of National Highways (Land and Traffic) Act, 2002 and Rules, 2004.
Legal Issues
  1. Non-implementation of the 2002 Act and 2004 Rules.
  2. Failure to prevent and remove encroachments.
  3. Absence of grievance redressal for citizens.
Applicable Law
  1. Constitution of India – Article 32
  2. Control of National Highways (Land and Traffic) Act, 2002
  3. Highway Administration Rules, 2004 (amended in 2019)
Analysis Court examined multiple affidavits, flagged ineffective execution of law, stressed need for SOPs, patrol teams, complaint redressal systems, and technological intervention.
Conclusion Court issued a continuing mandamus, directing government bodies to ensure highway safety via enforcement, inspections, citizen participation, and tech-enabled reporting mechanisms.
Current Scenario The case is ongoing with compliance reports due by September 15, 2025. Surveillance teams and updated complaint mechanisms are being instituted.

 

 “Highways must be kept free of encroachments and under surveillance to ensure safety for all.” 

 

SOURCE – SUPREME COURT OF INDIA

ALSO READ – ARTICLE 32 

 

 

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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