SC expresses concern on non-removal of unauthorized encroachments on NHs
27-Feb-2024 03:01 PM 7768
New Delhi, Feb 27 (Reporter) The Supreme Court expressed its concern on the non-removal of unauthorized occupations/encroachments on the National Highways (NHs). The Court directed the National Highways Authority of India (NHAI), to come out with a scheme that will provide for regular inspection of the highways, establishment of grievance redressal mechanism and simultaneously to take prompt action on the complaints of reported unauthorized occupations/encroachments. A Bench Comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, in its recent judgement said, “After carrying out the survey, the Highway Administrations will have to exercise the powers under Section 26 of the NHAI Act for removal of unauthorized occupation so that the highways are clear of encroachments.” “For now it seems that the machinery is available only on paper and there is no effective implementation of the provisions of the 2002 Act, ” the bench remarked. The Bench while hearing a Public Interest Litigation (PIL) seeking implementation of the grievance redressal mechanism by the NHAI, whereby people can register their grievances/complaints with the NHAI concerning unauthorized occupations/encroachments on the national highways said, "Judicial notice will have to be taken of the fact that in different parts of India, there are unauthorized encroachments on highway land," the Top Court stated. The Bench expressed concern over the non-implementation of the Control of National Highways (Land and Traffic) Act, 2002 “We direct the Highway Administrations to come out with a scheme which will provide for regular inspection of the highways. The Supreme Court had on February 6, 2024, granted one week time to NHAI to file additional documents to suggest that the grievance machinery was created by the NHAI under the NHAI Act, 2002. The matter was called on for hearing on February 20, 2024, when the Supreme Court expressed displeasure with the National Highways Authority of India (“NHAI”) Administration over the non-implementation of a grievance redressal mechanism under the NHAI Act. The Apex Court said, “After reading the affidavits of the Highway Administrations one gets an impression that the machinery is available only on paper and there is no effective implementation of the provisions of the 2002 Act...////...
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