SC issues directions to curb illegal parking and encroachments on highways

New Delhi, April 18 The Supreme Court has issued a comprehensive set of interim directions to curb illegal parking, remove encroachments, and strengthen safety mechanisms on national highways, observing that the “right to safe passage” is an integral facet of the right to life under Article 21 of the Constitution.

A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar passed the order in a suo motu case concerning fatal road accidents in Rajasthan’s Phalodi and Telangana’s Rangareddy districts, which had claimed 34 lives in November 2025.

Taking note of “systemic negligence and catastrophic infrastructure failures”, the apex court said such lapses amounted to a “grave infringement on the right to safe passage and a dereliction of statutory duty by authorities”.

“A road, particularly a high-speed expressway, must not become a corridor of peril due to administrative lethargy or infrastructural gaps,” the Justice Maheshwari-led Bench observed.

It held that “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”.

Issuing wide-ranging directions, the Justice Maheshwari-led Bench ordered a complete prohibition on parking of heavy and commercial vehicles on national highway carriageways and paved shoulders, except at designated bays or wayside amenities.

It directed enforcement through Advanced Traffic Management Systems (ATMS), including real-time alerts, GPS-tagged photographic evidence, and e-challan mechanisms, with strict compliance timelines of 60 days.

The apex court also mandated a nationwide inspection and survey of highways, directing authorities including the National Highways Authority of India (NHAI), NHIDCL, and state public works departments to submit detailed reports on encroachments, inspection teams, and compliance status.

The Justice Maheshwari-led Bench further mandated the immediate prohibition and removal of unauthorised roadside structures, including dhabas and commercial establishments within the Right of Way of national highways, directing district authorities to complete demolition within 60 days.

“No department… shall grant or renew any licence… within highway safety zones without prior clearance,” the top court directed, adding that existing licences must be reviewed within 30 days. To ensure accountability, the Supreme Court directed the constitution of District Highway Safety Task Forces across the country, comprising officials from district administration, police, NHAI, PWDs and local bodies.

“The District Collector and Commissioner of Police/Superintendent of Police shall bear joint responsibility for timely encroachment removal,” the order said.

It also ordered the creation of dedicated highway surveillance teams, equipped with vehicle tracking devices, to ensure regular patrolling, along with full operationalisation of ATMS infrastructure, including speed detection cameras, control centres, and emergency call systems.

It further directed deployment of basic life support ambulances and recovery cranes at intervals of 75 km, observing that timely emergency response is part of the state’s obligation under Article 21.

In addition, the top court mandated the construction of truck lay-bye facilities and wayside amenities at regular intervals, ensuring availability of rest areas, food services, washrooms, safe parking, and first-aid facilities.

The Supreme Court also directed authorities to identify and publish a list of accident blackspots within 45 days and ensure installation of high-intensity lighting, warning signage, and speed enforcement systems within four months.

Highlighting the need for coordinated enforcement, the Justice Maheshwari-led Bench asked the Union Ministry of Road Transport and Highways to establish an inter-state highway safety coordination mechanism to standardise enforcement protocols across states. Warning against non-compliance, the apex court said that all implementing agencies would be “jointly and severally responsible” for adherence to its directions and must submit consolidated compliance reports within 75 days. The matter has been listed after two months for monitoring compliance.

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