In Re: Phalodi Accident vs National Highways Authority Of India

2026 INSC 388 REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

SUO MOTO WRIT PETITION (CIVIL) NO. 9 OF 2025

IN RE: PHALODI ACCIDENT PETITIONER

VERSUS

NATIONAL HIGHWAYS AUTHORITY RESPONDENTS OF INDIA AND OTHERS WITH W.P.(C) NO. 1100 OF 2025

ORDER

1. Following the tragic loss of 34 lives in successive road

accidents on November 2nd and 3rd, 2025, in district – Phalodi1,

Rajasthan, and district – Rangareddy2, Telangana, this Court vide

order dated 10.11.20253 took suo-motu cognizance of the systemic

negligence and catastrophic infrastructure failures that led to

these evitable casualties. Recognizing such lapses as a grave

1 reported in article namely “12 pyres lit together in Jodhpur accident: After 15 deaths on Bharatmala

Expressway, authorities launch crackdown, removing illegal roadside dhabas” published on website of Bhaskar English.

Signature Not Verified Digitally signed by NIDHI AHUJA reported in article “19 dead as gravel truck ploughs into govt. bus near Hyderabad” published in “The 2 Date: 2026.04.18 14:47:54 IST Reason: Hindu” on 4th November, 2025 3 Phalodi Accident, In re, 2025 SCC OnLine SC 2428

Suo Moto Writ Petition (Civil) No.9/2025 Page 1 infringement on the right to safe passage and a dereliction of

statutory duty by authorities, who addressed illegal

encroachments in the aftermath of the tragedies occurred, the

Court issued notice to State and National authorities, demanding

a comprehensive report on these egregious administrative failures

and the resulting threat to public safety. Mr. A.N.S. Nadkarni,

Senior Advocate was also appointed as Amicus Curiae to be

assisted by Mr. Jai Anant Dehardrai, Advocate-on-Record and Mr.

Sughosh Subramanyam, Advocate.

2. Various suggestions and recommendations were accordingly

made by the learned Amicus Curiae on 15.02.2026. Thereafter, on

16.02.2026, the learned Solicitor General and the learned Amicus

Curiae were directed to sit together and find out the areas in which

(i) further deliberations were required, (ii) the areas of improvement

and (iii) the areas of immediate improvement for which directions

were necessitated.

3. Accordingly, on 16.03.2026, NHAI placed its comments on

record. Thereafter on 08.04.2026, an additional affidavit has been

filed by the NHAI in response to the interim directions that were

proposed to be issued in the proceedings.

Suo Moto Writ Petition (Civil) No.9/2025 Page 2

4. At the request of the Court, the learned Solicitor General and

the learned Amicus Curiae have today jointly tendered suggestions

indicating the nature of interim directions that could be considered

for being issued during pendency of the present proceedings.

We have considered the said suggestions and

recommendations as jointly made by the learned Amicus Curiae

and the learned Solicitor General. We find the same to be practical

in nature and necessary to be issued. Accordingly, the following

interim directions are issued:

a) Prohibition on Authorized Parking – No heavy or

commercial vehicle shall park/stop on any National Highway

carriageway or paved shoulder except at a designated bay, lay-bye,

or Wayside Amenity; enforcement shall be effected through the

Advanced Traffic Management System – ATMS real-time alerts to

State Police, GPS – timestamped photographic evidence, and

integrated eChallan generation.

These directions must be complied with by the officials and

personnel of National Highway Authority of India, State Police,

State Transport Department. The District Magistrates of the

concerned districts shall set-up a standard operating procedure

Suo Moto Writ Petition (Civil) No.9/2025 Page 3 for this purpose as regards periodical inspections and patrolling

by all these authorities. These directions must be complied within

60 days from the date of this order.

b) Inspection, Survey and Citizen Grievance – The Highway

Administration, NHAI, NHIDCL, and State PWDs shall, within 30

days, file before this Court a consolidated report on –

(i) Composition and schedule of dedicated inspection teams for

each highway stretch;

(ii) State-wise encroachments identified, notices issued under

Section 26 of the Control of National Highways (Land and

Traffic) Act, 2002 – CNH Act and structures demolished, and

(iii) Status of compliance with the directions issued in Gyan

Prakash vs. Union of India and others4. NHAI shall

simultaneously confirm full operationalisation of the

Rajmargyatra encroachment complaint module (with geo-

tagged uploads, grievance tracking, and appeal mechanism),

activation of toll-free number 1033 for encroachment

complaints, and dissemination of both across highway

4 2025 SCC OnLine SC 1189

Suo Moto Writ Petition (Civil) No.9/2025 Page 4 signage, toll plazas, and media. Drone-based aerial surveys

(DRAMS Policy Circular, 05.09.2025) shall be conducted at

least twice annually, with six-monthly reports filed before this

Court.

c) Encroachment Prohibition and Removal –

Construction/operation of any new dhaba, eatery, or commercial

structure within the Right of Way (ROW) of any National Highway

is prohibited with immediate effect. District Magistrates shall

enforce demolition/removal of all new or existing unauthorised

structures within 60 days, in terms of the CNH Act procedure and

SOP dated 07.08.2025.

d) Grant and Renewal of License, NOC or Trade Approval –

No department, authority, or local body shall grant or renew any

licence, NOC, or trade approval for any site within Highway safety

zones without prior NHAI/PWD clearance; all such existing

licences for such sites shall be reviewed within 30 days.

e) District Highway Safety Task Force – In every district

wherever the National Highway passes through, the concerned

District Magistrate within 15 days of this order constitute a District

Highway Safety Task Force in every district across India within 7

Suo Moto Writ Petition (Civil) No.9/2025 Page 5 days of this order, comprising officers of the District

Administration, Police, NHAI (or concerned land-owning agency),

PWD, and local bodies. The District Collector and Commissioner of

Police/Superintendent of Police shall bear joint responsibility for

timely encroachment removal. The Task Force shall hold

fortnightly review meetings and maintain minutes. State

Governments shall further issue notifications within 60 days

prohibiting change of land use within 40 metres (residential) and

75 metres (commercial) from the mid-point of any National

Highway, consistent with IRC norms; MoRTH shall facilitate

uniform notifications across all States within the same period.

f) Surveillance, Patrolling and Illegal Parking – Dedicated

Highway Surveillance Teams of State Police and Transport

Department personnel shall be constituted within 30 days for

regular National Highway patrolling, supplementing NHAI’s 24x7

route patrolling Vehicles at intervals not exceeding 50 km. All such

vehicles shall necessarily be equipped with Vehicle Tracking

Devices.

g) Operationalisation of ATMS – NHAI shall operationalise its

ATMS comprising TMCC cameras, VSDS speed detectors, VIDS

Suo Moto Writ Petition (Civil) No.9/2025 Page 6 cameras, Variable Message Signboards, and Emergency Call Boxes

across all 4/6-lane highways and expressways in terms of the

Policy Circular dated 10.10.2023 and shall file an affidavit within

60 days of compliance, further certifying operational status of each

component. Any non-operational units shall be made functional

within 60 days.

h) Emergency Response and Wayside Amenities – NHAI is

directed to deploy within a period of 60 days BLS ambulances and

recovery cranes which can be deployed immediately at intervals

not exceeding 75 km on every National Highway stretch, at toll

plazas, Wayside Amenities, or dedicated posts, in affirmance

towards the State's positive obligation under Article 21 of the

Constitution of India to ensure prompt and timely emergency

medical response.

i) Construction of Truck Lay-Bye Facilities – NHAI and

MoRTH shall ensure construction of truck lay-bye facilities at

intervals of every 75 km on all National Highways, with priority to

the Amritsar-Jamnagar Highway, and shall operationalise the

Wayside Amenities Policy dated 29.12.2025 strictly in accordance

with its stipulated timelines; all WSAs shall include, at minimum,

Suo Moto Writ Petition (Civil) No.9/2025 Page 7 rest areas, food services, washrooms, safe parking, first-aid

facilities, and retro-reflective signage visible from 500 metres, in

full compliance with FSSAI standards.

j) NHAI/MoRTH may also consider providing for more or extra

truck lay-bye facilities, wherever possible on the stretch of National

Highway, as the drivers of heavy transport vehicles which are

continuously being driven could be provided resting facilities.

k) Accident Blackspots and Lighting – MoRTH/NHAI are

directed to identify accident blackspots and critical areas and

publish a comprehensive list of Accident blackspots on National

Highways within 45 days. NHAI shall issue a Policy Framework

mandating installation of high intensity LED/high-mast lighting,

speed enforcement cameras, retro-reflective warning signs, and

transverse bar markings at every blackspot; full installation shall

be completed within 4 months of the Policy Framework.

l) Institutional Co-ordination, Reporting and Road Safety

Committee – MoRTH shall, within 60 days, place before this Court

a report on the constitution of an Inter-State Highway Safety

Coordination Committee for standardising enforcement protocols

including uniform driving-hour limits, surveillance standards,

Suo Moto Writ Petition (Civil) No.9/2025 Page 8 parking enforcement, and penalty regimes across State

boundaries.

m) Compliance Report – It is further directed that all

implementing agencies (NHAI, NHIDCI, State PWD, BRO) shall be

jointly and severally responsible for compliance within their

respective jurisdictions. MoRTH upon securing the consolidated

district-wise and agency-wise compliance report shall file the same

in a tabular form before this Court within 75 days from the date of

uploading of this order.

5. It is seen that National Highways constitute approximately

2% of India’s total road length but account for nearly 30% of all

road fatalities. A road, particularly a high-speed Expressway, must

not become a corridor of peril due to administrative lethargy or

infrastructural gaps. The loss of even a single life to avoidable

hazards like illegal parking or blackspots etc., represents a failure

of the State’s protective umbrella. 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. Therefore, recognizing the

Suo Moto Writ Petition (Civil) No.9/2025 Page 9 safety of the commuter as an integral facet of the right to live with

dignity as a constitutional obligation under Article 21 of

Constitution of India, it is necessary in the interest to address the

systematic root causes that these interim directions are issued in

exercise of powers under Article 142 of the Constitution of India.

We reiterate that no pecuniary or administrative constraint can

outweigh the sanctity of human life, and the strict timelines

provided herein reflect the urgency of this constitutional

obligation.

6. The Registry of this Court is further directed to send a copy

of this order to the Chief Secretary/Administrator and Director

General of Police of all States and Union Territories, State Legal

Services Authorities, and National Highways & Infrastructure

Development Corporation Limited. The respective authorities may

take appropriate steps to coordinate with and facilitate all

stakeholders for the purpose of carrying out the directions passed

by this Court. It is further made clear that, in case there are issues

regarding compliance, the parties are at liberty to approach this

Court.

7. The Registry is further directed to forward a copy of this order

Suo Moto Writ Petition (Civil) No.9/2025 Page 10 to the Road Safety Committee headed by Hon’ble Justice (Retd.)

Abhay Sapre in continuation of the practice as directed in Gyan

Prakash (supra). MoRTH shall also place before this Cour the

Committee’s recommendations insofar as they pertain to the

causes of highway accidents addressed herein within 75 days.

8. List after two months for reporting compliance.

……..………………………..J. [ J.K. MAHESHWARI ]

...…..………………………..J. [ ATUL S. CHANDURKAR ] NEW DELHI, APRIL 13, 2026.

Suo Moto Writ Petition (Civil) No.9/2025 Page 11