Supreme Court News: The horrific road accident in Phalodi, Rajasthan has once again raised serious questions on the highway safety of the country. After this accident that took the lives of 15 people, the matter has now directly reached the Supreme Court. The apex court has not only taken cognizance of this accident, but has also indicated that uniform guidelines can be made to prevent road accidents across the country.
In this context, the Supreme Court’s comment attracted the most attention regarding the illegal dhabas and small eateries built along the highways and expressways. After the strictness of the court, the question has started arising whether now the dhabas running on the highway can be locked, or whether new strict rules will be implemented for their operation.
What is the whole matter?
This issue arose in the Supreme Court in the context of the Phalodi accident in Rajasthan, where a tempo traveler collided with a parked trailer. A total of 15 people, including 10 women and 4 children, died in this accident. The accident happened on Bharatmala Highway. Where illegal encroachments and uncontrolled obstructions on the roadside were already under question. Taking suo moto cognizance of this matter, the court considered it to be a problem of the entire country and not limited to just one state.
Why are highway dhabas a concern for the court?
During the hearing, Justice J.K. A bench of Justice Maheshwari and Justice Vijay Bishnoi said that construction of illegal dhabas and small eateries on both sides of national highways and expressways is becoming a major reason for road accidents.
According to the court these dhabas:
- Encourage vehicles to stop suddenly.
- Make unauthorized cuts and entry points on the highway.
- Increases the risk of collision with trucks and vehicles parked at night.
Justice Maheshwari made it clear that the purpose of the court is not to blame any one agency. (file photo Reuters)
NHAI vs Administration: Whose responsibility is it?
Solicitor General Tushar Mehta told the court that NHAI does have the right to remove illegal dhabas. But practically this responsibility has been handed over to the local district administration. His argument was that the local police and administration were subordinate to the District Magistrate. NHAI does not have direct control over them. For this reason, there is laxity in action. From here the court directly asked the question, who has the ultimate responsibility under the law?
What does the Supreme Court want to do?
Justice Maheshwari made it clear that the purpose of the court is not to blame any one agency. The objective of the court is to prepare clear guidelines by filling the legal loopholes, so that accidents like Phalodi are not repeated in future.
The Court said that:
- Wants to review the existing rules.
- Wants to ensure their proper implementation.
- Pan-India guidelines are being considered for the entire country.
What has come to light so far?
- Google images presented as evidence regarding illegal dhabas.
- Summoned reports from NHAI and Road Transport Ministry.
- Questions on the condition and maintenance of the highway.
- Non-compliance of instructions given earlier came to light.
Instructions have been given earlier also, then why not implemented?
Will the dhabas really be closed?
At present, the Supreme Court has not given a direct order to close the dhabas. But the signs are clear-
- Action against illegal dhabas is considered certain.
- Only designated service roads and food plazas can get priority for stopping on the highway.
- Only the dhabas operating within the rules can get relief.
