HC orders removal of encroachments in highways in 2 months
JODHPUR, Feb. 13 -- The Rajasthan high court has directed the State government to remove or relocate all encroachments found within the Right of Way (ROW) of National Highways across Rajasthan within two months, saying such illegal occupations pose a continuing threat to public safety and human life.
A division bench of justices Pushpendra Singh Bhati and Sandeep Shah passed the directions while hearing a petition filed by Himmat Singh Gehlot of Jodhpur on Wednesday. The petitioner was represented by senior advocate Rajesh Joshi, assisted by advocates Rishi Soni and Ms Kamini Joshi.
The court recalled its earlier order noting an "unfortunate accident" near the Dharmkanta/weighbridge in question, which resulted in the loss of four lives. During the hearing, senior advocate Dr Sachin Acharya submitted that relocation of the Dharmkanta/weighbridge was underway and sought more time. The court granted 30 days' extension, modifying the earlier date from February 6 to March 6, 2026 for voluntary removal/relocation.
However, the bench said the problem was far wider than one site, observing: ".the issue is not confined to the solitary Dharmkanta, but discloses a wider and disturbing pattern of occupation within the Right of Way (ROW) of National Highways across several districts of the State, thereby posing a continuing threat to human life and public safety." The high court linked the issue to the constitutional right to life, stating that illegal roadside occupations that obstruct sight distance and create unregulated entry-exit points are not merely statutory violations but "constitutional wrongs impinging upon the right to life of road users."
The court recorded the statewide figures placed before it, showing 2,216 encroachments within the ROW of National Highways, including 103 religious structures, 881 residential structures, and 1,232 commercial encroachments (hotels/dhabas).
The high court ordered that all encroachments within prohibited ROW must be removed or suitably relocated within two months.
The matter has been listed on March 10 for further monitoring....
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