New Delhi, Oct 14 (PTI) Former Union minister Rajiv Pratap Rudy on Monday moved the Supreme Court seeking directions for stricter monitoring and immediate removal of both existing and emerging unauthorised constructions and encroachments on roads and national highways.
A bench of Justices Abhay S Oka and Augustine George Masih was told by Rudy, who appeared in-person, that he seeks to intervene in a pending matter which deals with removal of encroachments and unauthorised occupation on the highways.
The bench while allowing Rudy to appear virtually said it will hear him on the issue.
The top court granted time to Additional Solicitor General KM Nataraj to file his response on the directions issued by the top court on August 27.
“You should also file your response to the note submitted by amicus curiae Swati Ghildiyal on the issue of removal of encroachments from the highways and ensuring road safety,” Justice Oka told Nataraj.
It listed the matter for further hearing on November 4.
In his intervention application, Rudy said he is concerned about the unauthorised encroachments on national highways, specifically NH-31 and NH-722 two major stretches which pass through Bihar’s Saran, his Lok Sabha constituency.
“These encroachments not only compromise road safety but also have a cascading effect on infrastructure longevity, vehicular efficiency, and public convenience. The applicant has undertaken various initiatives, including representations to the Union of India under the Control of National Highways (Land and Traffic) Act, 2002, which mandates the removal of such encroachments for public safety and highway efficiency under section 26 of the control of National Highway Act,2002,” his plea said.
Rudy pointed out that he has communicated these concerns to relevant authorities, including the Ministry of Road Transport and Highways (MoRTH).
The former minister added that he has substantiated his concerns with detailed evidence, including photographic documentation and GPS-tagged reports, provided in his communications dated April 18, April 25, and July 10 to the MoRTH.
“These submissions underscore his (Rudy) proactive engagement in mitigating the encroachment issue, demonstrating that both existing and emerging unauthorised structures require prompt intervention. The applicant’s direct involvement as a stakeholder renders his intervention crucial to ensuring compliance with this court’s orders and the effective removal of these encroachments from critical infrastructure,” he said.
Rudy pointed out that the documented evidence clearly shows the adverse impact these encroachments have on road safety, illustrating frequent incidents of traffic hazards, blockages, and near-fatal accidents.
He said that these issues are not limited to his Saran Lok Sabha constituency but are symptomatic of a larger national problem, as highlighted in the apex court’s directions in the present petition.
The parliamentarian further said that in his July 10 letter to MoRTH, he has highlighted the inefficacy of current enforcement mechanisms and pointed out that local officials, including project directors and regional office (RO), are either unaware of or turning a blind eye to these violations.
Rudy said he had urged the MoRTH to initiate stricter oversight measures and suggested that Standard Operating Procedures (SOP) be introduced to prevent further unauthorised access to the highways.
“The unchecked growth of these establishments leads to a variety of problems, ranging from encroachment-related accidents to bottlenecks that hinder the flow of emergency services. The proliferation of such structures not only results in economic inefficiencies but also severely hampers the efforts of the government in improving road infrastructure and safety. It is further observed that other establishment category encroachment is Right Of Way (RoW) of NHAI,” he said.
To deal with the problem, Rudy suggested that there must be a provision requiring a No Objection Certificate (NOC) from the relevant highway administration of NHAI for any utility connection — whether commercial or domestic and immediate mapping of new constructions as they commence, rather than allowing them to progress unchecked.
“To enhance regulatory compliance, the applicant proposes the introduction of technology-driven monitoring mechanisms, including drone surveillance and geo-tagging of highway stretches. Such technologies would ensure that authorities have up-to-date data on potential violations, thereby enabling them to act promptly,” he said.
On August 27, the top court directed the MoRTH to constitute proper teams for frequent and regular inspection of all national highways to ascertain whether there are encroachments.
It had said each team shall be made responsible for a particular stretch of individual highways and a mechanism should be created to ensure that the inspecting teams, after finding encroachments, immediately report to the competent authority empowered to remove encroachment.
The top court had directed the MoRTH to develop a portal where citizens can lodge complaints about the encroachments on highways and are able to upload photographs and location details of the encroached portions. PTI MNL MNL TIR TIR
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