The Supreme Court on Monday considered formulating pan-India guidelines to prevent severe road accidents on expressways and national highways, taking suo motu cognizance of recent tragedies, including the November 2 accident in Phalodi, Rajasthan, that claimed 15 lives.
A bench of Justices J. K. Maheswari and Vijay Bishnoi flagged the rampant construction of illegal “dhabas” (roadside eateries) along these high-speed corridors as a key cause of fatal crashes due to unauthorized parking and encroachments.
Focus on Accountability and Enforcement
The Court, in its bid to create a uniform national safety framework, sought specific details from the National Highways Authority of India (NHAI) through Solicitor General Tushar Mehta:
- Statutory Rules: The Court asked for the statutory rules and regulations available for initiating action against these illegal eateries.
- Action Taken: Details on the action taken so far to remove encroachments.
- Responsible Authority: Identification of the authority responsible for initiating enforcement action.
- Implementation Failure: Clarity on which bodies are not implementing the existing provisions, as previous directions from the court have reportedly not been followed.
The NHAI’s Challenge
Solicitor General Tushar Mehta acknowledged that while the NHAI has the power to remove illegal structures, enforcement is often hampered by delegation to local authorities.
“We have the power to remove the illegal dhabas and eateries, but there has been a general delegation to the local district magistrate. The local police and other authorities are under his command and control, which the NHAI does not have. So we have to find out a solution.”
Justice Bishnoi pointed out that accidents often occur on stretches where illegal dhabas and small eateries come up between service roads, allowing vehicles, particularly large trucks, to park dangerously close to the high-speed lanes.
The Court emphasized that the issue is national, not state-specific, and aims to formulate guidelines to fill existing legal gaps and ensure the effective implementation of safety provisions to prevent the repetition of tragedies like the one in Phalodi.