NEW DELHI: Questioning the National Highways Authority of India (NHAI) over its inability to act against illegal roadside dhabas and encroachments along national highways, the Supreme Court sought an action plan from the NHAI.
"We seek clarity on whether NHAI had the authority to take direct action against encroachments or whether it was deflecting responsibility," said a Bench of the apex court, headed by Justice JK Maheshwari and Justice Vijay Bishnoi.
The top court was hearing the suo motu case recustered in respect of the Phalodi road accident, where a tragic highway accident took place on November 2, killing 15 people and an accident in Telangana, which claimed 34 lives.
The Supreme Court on Monday said that the NHAI cannot keep shifting the responsibilities to district and police authorities and sought a detailed compilation on the authority's power to take direct action.
During the hearing on Monday, the Solicitor General Tushar Mehta, appearing for NHAI, said that an affidavit had been filed detailing the steps taken.
Justice Maheshwari said the Court wanted to understand the scope of the NHAI’s powers under law and not just its correspondence with other departments. Mehta responded that he would study the statutory framework and revert on the issue.
Justice Bishnoi said that he was a regular traveller on the Bharatmala Expressway. "All over the highway, the illegal dhabas are there," he said.
Mehta replied that after every six-lane road there existed a service road meant for vehicles to halt, but acknowledged that dhabas often occupied these spaces illegally.
The Bench observed that the issue was not just about identifying the dhabas but about establishing accountability among the various agencies responsible for preventing encroachments and ensuring road safety.
While hinting that the court wanted to issue a few general guidelines to improve road safety across the country, Justice Maheshwari said, “We will issue some common guidelines to be followed pan India."