Explained: Maharashtra’s 60-day ultimatum to demolish dhabas, hotels on National Highways
The state government has banned illegal dhabas and hotels, ordering the demolition of the existing ones along the ROW on the National Highways to comply to the Supreme Court’s April order in which it took cognizance of news reports that 34 lives had been lost in successive accidents.
In its road-safety framework, the Supreme Court bench also barred heavy and commercial vehicles from stopping on National Highway carriageways (Image generated using Gemini)
The Maharashtra government has given a 60-day ultimatum to state urban bodies to demolish and remove all new and existing unlicensed structures and ban construction of any dhaba, eatery, or commercial structures within the Right of Way (ROW) – the total strip of land acquired and reserved by the government – on all National Highways in the state.
The reason for the state government to ban unauthorised dhabas and hotels is the Supreme Court’s cognizance of the news reports in April that as many as 34 lives were lost in successive accidents in Rajasthan and Telangana.
Observing that the National Highways constitute “approximately 2% of India’s total road length but account for nearly 30% of all road fatalities”, the Supreme Court had directed the road departments of the Centre and States to ensure highways do not become a “corridor of peril due to administrative lethargy or administrative gaps” as it monitored compliance of its April road-safety directions.
On July 13, a bench of Justices Vikram Nath and Sandeep Mehta was informed that only three states or Union Territories (UTs) — Bihar, Karnataka and Puducherry had filed compliance affidavits.
The bench said that if other states did not file their reports within two weeks, it would direct the Chief Secretaries and Directors General of Police (DGPs) of all defaulting states and UTs to appear before the court.
Flagging “systemic negligence and catastrophic infrastructure failures”, the top court recognised such lapses as amounting to a “grave infringement on the right to safe passage” and “dereliction of statutory duty by authorities…and sought a report on administrative failures that have resulted in a threat to public safety. The SC will hear the matter next on August 17.
In its road-safety framework, the bench of Justices J K Maheshwari (now retired) and Atul S Chandurkar gave these instructions:
Bar on heavy and commercial vehicles from stopping on National Highway carriageways or paved shoulders except at designated parking facilities
Use of the Advanced Traffic Management System (ATMS) – cameras, speed detectors, variable message boards and emergency call boxes, GPS-based photographic evidence and e-Challan to enforce the rule.
Highway authorities to report inspections, encroachments and demolitions
NHAI to activate citizen encroachment complaints and conduct drone-based surveys twice a year;
Removal of new and existing unauthorised structures within the ROW within 60 days
Ban on new dhabas, eateries and commercial establishments within the ROW.
No licences, NOCs or trade permissions to be granted or renewed in highway safety zones without prior clearance by the NHAI or Public Works Department (PWD)
Existing licences to be reviewed within 30 days.
Formation of district highway safety task forces
Round-the-clock patrolling, with vehicles fitted with tracking devices on the highways.
Installation of BLS ambulances and recovery cranes at every 75 km on highway stretches for swift response to accidents.
The court also ordered identification and publication of blackspots and critical areas, with high-intensity lighting, speed cameras, retro-reflective warning signs and transverse markings.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
