The Supreme Court has directed the National Highways Authority of India (NHAI) and the Ministry of Road Transport and Highways to file reports regarding the presence of unauthorised roadside dhabas and the condition of highways, after taking suo motu cognizance of recent fatal accidents in Rajasthan (Phalodi) and Telangana.
A bench of Justice J.K. Maheshwari and Justice Vijay Bishnoi ordered a survey to be conducted within two weeks to identify dhabas set up on land not notified for such commercial use. The Court noted that vehicles parked near these establishments are often left partially on the highway, leading to collisions with oncoming traffic.
The Bench observed:
“Dhabas have been opened by the general public on areas which are not available for them to open dhabas. Vehicles go and park there. Other vehicles are not in a position to see the standing vehicles, resulting in accidents.”
The Court also sought information on road maintenance practices and compliance with prescribed standards by contractors. The Ministry of Home Affairs and the Chief Secretaries of the States concerned were directed to be impleaded.
Justice Maheshwari remarked that dhabas operating too close to the carriageway encourage trucks to halt in unsafe positions, increasing the likelihood of high-speed collisions. The Court emphasized the need for regulation to prevent further accidents.
The Court noted that the Phalodi accident reportedly claimed at least 15 lives when a tempo traveller collided with a stationary truck near an eatery on the Bharatmala highway. The Telangana accident similarly resulted in multiple fatalities. Media reports attributed the tragedies to poor road conditions and the presence of dhabas in prohibited zones, despite toll collection on those highways.
Case Title: In Re: Phalodi Accident
Case No.: SMW(C) No. 9/2025
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