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Gyan Prakash v. Union of India

Writ Petition (Civil) · 2025 INSC 753Decided 21 May 2025
Writ Petition (Civil) No. 1272 of 2019
Justice Abhay S. Oka

Background

The petitioner, appearing in person, filed a writ petition under Article 32 citing government data showing over 53,000 people were killed in highway accidents in India in 2017, and highlighting poor implementation of the Control of National Highways (Land and Traffic) Act, 2002 and its 2004 Rules, particularly around removing unauthorised encroachments on highway land and giving citizens an effective way to report hazards. Over several years the Court had already flagged that the relevant Highway Administrations existed largely "on paper" without effective enforcement machinery, surveys, or grievance-redressal systems.

Decision Breakdown

The Court reviewed compliance affidavits from the highway authorities, including the "Rajmargyatra" mobile app for reporting highway hazards and encroachments, and found continuing gaps, such as unclear procedures for redressing complaints and no confirmed link between the toll-free helpline and encroachment reporting. Treating this as a case requiring "continuing mandamus" (ongoing judicial supervision), the Court issued a fresh set of specific directions: highway authorities must file affidavits on implementing their statutory duties, publicise the Rajmargyatra app widely including at toll and food plazas, report complaint data and action taken, issue a detailed SOP for highway inspection teams, and constitute dedicated police surveillance teams for regular patrolling, all within three months, with compliance to be reported back to the Court in September 2025.

Lesson Learnt

Where a law meant to protect public safety exists only on paper, courts can keep a case open indefinitely and issue rolling, specific directions to force government agencies toward real-world implementation, rather than closing the matter on the government's assurances alone.

Official source (sci.gov.in)View Judgment (PDF)

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