Rajasthan High Court Issues Strict Deadline for Highway Encroachment Clearance
The Rajasthan High Court has issued a firm directive to the state government, mandating the removal or relocation of all encroachments within the Right of Way (RoW) of National Highways across Rajasthan within a strict two-month timeframe. The court emphasized that unsafe roadside structures present an immediate and direct threat to human life, ruling that such encroachments cannot be regularized under any circumstances.
Court Links Road Safety to Fundamental Right to Life
A division bench comprising Justices Pushpendra Singh Bhati and Sandeep Shah delivered this significant order on Thursday while adjudicating a petition concerning a weighbridge situated near a highway in Jodhpur. The court's decisive action was prompted by a recent tragic accident near this specific weighbridge, which resulted in the loss of four lives. In its ruling, the bench explicitly connected the safe movement of vehicles and pedestrians on roads to the fundamental right to life guaranteed under Article 21 of the Constitution.
The court declared it a constitutional obligation for the state government to identify and eliminate all hazardous conditions that jeopardize public safety on highways. This legal interpretation places significant responsibility on administrative authorities to proactively ensure road safety infrastructure remains unobstructed.
Expanded Scope Reveals Widespread Encroachment Problem
Initially focused on the single weighbridge in Jodhpur, the court granted its operator until March 6 to voluntarily relocate the structure. However, the scope of the case dramatically expanded when evidence presented to the court revealed a widespread and systemic pattern of unauthorized occupations within designated highway safety zones across multiple districts in Rajasthan.
This discovery prompted the bench to issue broader directives applicable statewide. The court ordered a time-bound implementation plan, requiring the removal or suitable relocation of all structures illegally situated within the prohibited Right of Way areas. The process must follow proper legal procedure, including due demarcation of boundaries, issuance of formal notices to encroachers, and providing them with a fair opportunity for a hearing.
Systematic Approach Mandated for Enforcement
The High Court's order outlines a systematic approach for the state government to follow. Authorities must first conduct thorough surveys to demarcate the exact Right of Way boundaries for National Highways. Following this, official notices must be served to all identified encroachers, informing them of the violation and the required action.
The court has stressed that while an opportunity for hearing must be provided, the ultimate requirement for removal or relocation is non-negotiable due to the overriding public safety concern. This ruling sets a powerful precedent for handling similar encroachment issues on critical transport infrastructure, emphasizing that safety considerations must prevail over any regularization arguments.
The two-month deadline imposes urgent pressure on state machinery to mobilize resources, coordinate across departments, and execute this large-scale clearance operation. The directive aims to prevent future tragedies by restoring the designed safety margins of Rajasthan's National Highways, ensuring unimpeded movement and reducing accident risks for all road users.
