The Supreme Court recently directed the National Highways Authority of India (NHAI) and the Ministry of Road Transport and Highways (MoRTH) to conduct a survey and submit reports on the presence of unauthorised roadside dhabas and the condition of highways in Rajasthan and Telangana, where two recent accidents claimed 34 lives [In Re: Phalodi Accident].
A Bench of Justices JK Maheshwari and Vijay Bishnoi said the Court could not ignore such tragedies, particularly when media reports suggested that both accidents were linked to unauthorised roadside encroachments and poor road maintenance.
In its order passed on November 10, the Bench underscored that the State’s duty under Article 21 extends to ensuring safe and adequate infrastructure for citizens.
“Article 21 of the Constitution envisages fundamental right to life not limited to mere animal existence and includes right of every citizen to have essential and adequate public infrastructure,” it said.
The directions came in a suo motu case which was registered following reports of two deadly highway accidents earlier this month.
On November 2, a bus carrying pilgrims crashed into a stationary trailer truck near Matoda in Rajasthan's Phalodi killing 15 passengers. The collision occurred on the Bharatmala Expressway - a stretch reportedly lined with unauthorised roadside dhabas that encourage truck drivers to park along the highway shoulder.
The very next morning, another accident in Telangana’s Rangareddy district left 19 people dead, including an infant, when a gravel-laden lorry rammed into a State Road Transport Corporation bus. Media reports said the road lacked lighting, dividers and warning signs, indicating poor safety infrastructure.
The Court observed that the State machinery had failed to act promptly and that authorities responded only after public outrage following the accidents.
"The concerned authorities sprung into action out of their slumber only after the ill-fated incident," the Court said.
The Bench further said it was necessary to hold authorities accountable for negligence that endangers lives.
“We cannot turn a blind eye to such tragedies, more so when they could have been averted had the authorities concerned acted promptly and discharged their duties with due diligence,”
In its order, the Court directed NHAI and MoRTH to carry out a two-week survey of the relevant highway stretches and file reports detailing:
the number of dhabas operating alongside the roads, particularly those situated on land not notified for such use, and
the road conditions and the norms followed by contractors during maintenance.
The Bench also impleaded the Ministry of Home Affairs, as well as the Chief Secretaries of Rajasthan, Punjab, Haryana, Gujarat, Telangana and Chhattisgarh, the States through which the Bharatmala Expressway and the affected national highway pass. They were also directed to file their responses.
Senior Advocate Atmaram Nadkarni was appointed as Amicus Curiae, assisted by advocates Jai Anant Dehadrai and Sughosh Subramanyam, to examine the road conditions and assist the Court.
The matter will be heard next on December 15.
[Read Order]