GYAN PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Ms. Swati Ghildiyal, learned Amicus Curiae, has pointed out that a circular dtd. 18/3/2024 has been issued by the Ministry of Road Transport & Highways, Government of India. Her concern is that if the encroachments on National Highways are to be prevented and removed, proper inspection teams must be constituted for regular inspection of Highways. She pointed out that the inspection frequency laid down in the Circular dtd. 18/3/2024 is the same as prescribed at the construction stage. This will not work.

(2.) Therefore, we direct the Ministry of Road Transport and Highways to constitute proper teams for frequent and regular inspection of all National Highways to ascertain whether there are encroachments. Each team shall be made responsible for a particular stretch of individual Highways. Secondly, 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 Ministry shall also develop a portal where citizens can lodge complaints about the encroachments on Highways.

(3.) On the portal, citizens should be able to upload photographs and location details of the encroached portions. Moreover, a facility must be also created of a toll free number to report encroachments.