SC Favours Pan-India Guidelines To Prevent Road Accidents On Expressways, NHs

New Delhi: The Supreme Court on Monday flagged illegal "dhabas" on National Highways (NH) as a possible cause of road accidents, and suggested formulating pan-India guidelines to prevent road accidents, such as a recent one in Rajasthan's Phalodi that claimed 15 lives, on expressways and NHs.

A bench comprising Justices J K Maheswari and Vijay Bishnoi flagged the construction of illegal "dhabas" on both sides of NHs and expressways as a possible cause of road accidents.

The bench asked Solicitor General Tushar Mehta, who appeared in the matter for the National Highways Authority of India (NHAI), to submit the statutory rules and regulations for initiating action against these eateries. The bench observed that illegal dhabas and small eateries come up in between, either on the national highway or expressway, where most of the accidents take place.

Mehta agreed on finding a solution and contended that NHAI has the power to remove the illegal dhabas and eateries, but there has been a general delegation to the local district magistrate. He added that the local police and other authorities are under his command and control, which the NHAI does not have.

The bench said the NHAI's report seeks to blame local contractors or the administration for the encroachments on the highways, but it wants to know which authority under the law is required to oversee that these eateries do not come up. The bench also sought to know about the action taken so far, which authority is responsible for initiating it, and which bodies are not implementing the provisions.

"After discussion between the amicus and the solicitor general, issues resolved by them, which may be helpful for the issuance of the guidelines, are also to be produced. In the meantime, parties are at liberty to exchange Google images, which may be helpful in resolving the real problem," the court ordered.

The bench contemplated formulating guidelines to fill up the existing gaps in the provisions and ensure their implementation to prevent a repetition of Phalodi-type accidents.

Senior advocate A N S Nadkarni, who has been appointed as an amicus curiae in the matter, said he has filed Google images to show widespread encroachments on the highways. The top court, on November 10, 2025, had sought a response from the NHAI and the Ministry of Road Transport and Highways in a suo-motu case in connection with the Phalodi accident.

The apex court took suo-motu cognisance of the November 2, 2025, incident in Phalodi, in which 10 women and four children were among the 15 people killed when a tempo traveller rammed into a stationary trailer truck.

The bench also drew the attention of the NHAI on the fact that during winter months, lack of streetlights, and vehicles parked haphazardly along the tarmac are also a reason for accidents and loss of lives. The bench cited the recent accidents on highways in Telangana and Rajasthan claiming nearly 40 lives, many of them children.

The bench, citing the affidavit filed by NHAI, said the affidavit pinned the blame on the local administration and police, while the court did not want to treat the suo motu case as an adverse litigation, rather it is only concentrating on solutions to the problem.

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