M/S O B C L Ltd. Vs Union of India

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2026:CGHC:22207

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AFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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AVINASH SHARMA

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Digitally signed by AVINASH SHARMA Date: 2026.05.14 10:22:58 +0530

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WPC No. 2417 of 2026

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1 - M/s O B C L Ltd. (Formerly Known As Orissa Bengal Carrier Pvt. Ltd.) Through Its Authorized Representative, A Company Incorporated Under Companies Act, C I N L63090 C T 1994 P L C 008732, Having Its Corporate Office At A-1, 3rd Floor, C G Elite Complex, Opposite Mandi Gate Pandri, Raipur- 492001, C.G.

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... Petitioner(s)

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versus

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1 - Union Of India Through Its Secretaray Ministry Of Road, Transport And Highway, Transport Bhawan, 1, Parliament Street, New Delhi- 110001.

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2 - National Highway Authority Of India, Through Its Regional Officer (Ro- Raipur), Address- Plot No. I/21 Anupam Nagar, T V Tower Road, Raipur-492006, Chhattisgarh.

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3 - Project Manager, N H I T Southern Projects Private Limited, Registered Office At Unit 324, 3rd Floor, D21 Corporate Park, Sector 21, Dwarka, New Delhi-110077 Email Id- [email protected]

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4 - Chhattisgarh State Industrial Development Corporation Limited, Through Its Managing Director, Udyog Bhawan, Ring Road No. 1, Telibandha, Raipur- 492006, Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Shri Shikhar Shrivastava, Advocate through VC. For Respondent No.1 : Shri Ramakant Mishra, DSGI. For Respondent Nos.2 : Shri Dhiraj Kumar Wankhede, Advocate. & 3 For Respondent No.4 : Shri Animesh Tiwari, Advocate.

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Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board

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12/05/2026

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This Writ Petition has been filed against the impugned notice dated 02.05.2026

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issued by Respondent No.3 by which the petitioner has been directed to remove the alleged unauthorized encroachment over National Highway Nos.30-130 and 49 (Raipur-Simga-Bilaspur stretch) within period of 7 days, failing which,

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encroachment will be removed with the help of Administration and responsibility

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of any consequence thereof will be on the shoulders of the petitioner.

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By way of this Writ Petition, the petitioner has prayed for the following reliefs:-

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10.1 Issue an appropriate writ, order or direction, including a writ of certiorari, quashing and setting aside the impugned notice dated 02.05.2026 (Annexure P-1) issued by the Respondent No. 3 as being arbitrary, illegal and violative of principles of natural justice;

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10.2 Issue an appropriate writ, order or direction, including a writ of mandamus, restraining the Respondents, from taking any coercive action, demolition, dispossession, or interference with the Petitioner's peaceful possession and use of the Leased Land bearing Plot No. 5 admeasuring 18,723 sq. ft. situated at Industrial Area, Siltara, District Raipur (C.G.);

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10.3 Pass any other relief/direction that this Hon'ble Court may deem fit in the facts and circumstances of the case.

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Learned counsel for the petitioner submits that petitioner is in possession of subject land bearing Plot No. 5 admeasuring 18,723 sq. ft. situated at Industrial Area, Siltara, District Raipur (C.G.), by virtue of a valid Land Allotment Order dated 19.11.2009 issued by Respondent No. 4 (CSIDC), followed by a duly executed Lease Deed dated 31.08.2010 for a period of 99 years. However, respondent authorities have issued impugned notice of removal of unauthorized encroachment which is challenged before this Court.

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Learned counsel for the petitioner submits that they have not encroached upon any land in relation to National Highway Nos.30-130 and 49 as alleged by the respondent authorities. Further, the claim of the respondents authorities that petitioner has encroached the subject is without any basis as demarcation has not been conducted by them and in the absence of demarcation, notice of removal of encroachment is being issued which is not in accordance with law and liable to be set aside.

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Learned counsel for Respondent Nos.2 & 3 submits that the Hon’ble Supreme Court in the matter of In Re: Phalodi Accident vs. National Highways Authority of India and Others reported in { 2026 SCC OnLine SC 646} taking serious note of the rampant and hazardous illegal encroachments upon National Highways particularly unauthorised parking of heavy vehicles, construction of dhabas and commercial establishments within the Right of Way (ROW), and absence of coordinated enforcement has issued comprehensive interim directions to safeguard public safety and uphold the State’s obligation under Article 21 of the Constitution of India. The Court, upon joint suggestions of the learned Solicitor General and the learned Amicus Curiae, has mandated strict prohibition and removal of encroachments, compulsory enforcement through technological surveillance mechanisms such as Advanced Traffic Management System (ATMS), constitution of District Highway Safety Task Forces under the supervision of District Magistrates, and time-bound compliance by NHAI, MoRTH, State Police, and allied authorities, thereby underscoring that unlawful occupation or obstruction of National Highway land cannot be tolerated and must be removed in a systematic and expeditious manner. Relevant paragraph 4 of the said order reads as under:-

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4. At the request of the Court, the learned Solicitor General and the learned Amicus Curiae have today jointly tendered suggestions indicating the nature of interim directions that could be considered for being issued during pendency of the present proceedings. We have considered the said suggestions and recommendations as jointly made by the learned Amicus Curiae and the learned Solicitor General. We find the same to be practical in nature and necessary to be issued. Accordingly, the following interim directions are issued:

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a) Prohibition on Authorized Parking - No heavy or commercial vehicle shall park/stop on any National Highway carriageway or paved shoulder except at a designated bay, lay-bye, or Wayside

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Amenity; enforcement shall be effected through the Advanced Traffic Management System - ATMS real-time alerts to State Police, GPS - timestamped photographic evidence, and integrated eChallan generation.

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These directions must be complied with by the officials and personnel of National Highway Authority of India, State Police, State Transport Department. The District Magistrates of the concerned districts shall set-up a standard operating procedure for this purpose as regards periodical inspections and patrolling by all these authorities. These directions must be complied within 60 days from the date of this order.

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b) Inspection, Survey and Citizen Grievance - The Highway Administration, NHAI, NHIDCL, and State PWDs shall, within 30 days, file before this Court a consolidated report on-

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(i) Composition and schedule of dedicated inspection teams for each highway stretch;

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(ii) State-wise encroachments identified, notices issued under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002 - CNH Act and structures demolished, and

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(iii) Status of compliance with the directions issued in Gyan Prakash v. Union of India¹ .NHAI shall simultaneously confirm full operationalisation of the Rajmargyatra encroachment complaint module (with geo-tagged uploads, grievance tracking, and appeal mechanism), activation of toll-free number 1033 for encroachment complaints, and dissemination of both across highway signage, toll plazas, and media. Drone-based aerial surveys (DRAMS Policy Circular, 05.09.2025) shall be conducted at least twice annually, with six-monthly reports filed before this Court.

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c) Encroachment Prohibition and Removal - Construction/operation of any new dhaba, eatery, or commercial structure within the Right of Way (ROW) of any National Highway is prohibited with immediate effect. District Magistrates shall enforce demolition/removal of all new or existing unauthorised structures within 60 days, in terms of the CNH Act procedure and SOP dated 07.08.2025.

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d) Grant and Renewal of License, NOC or Trade Approval - No department, authority, or local body shall grant or renew any licence, NOC, or trade approval for any site within Highway safety zones without prior NHAI/PWD clearance; all such existing licences for such sites shall be reviewed within 30 days.

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1 2025 SCC OnLine SC 1189

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e) District Highway Safety Task Force - In every district wherever the National Highway passes through, the concerned District Magistrate within 15 days of this order constitute a District Highway Safety Task Force in every district across India within 7 days of this order, comprising officers of the District Administration, Police, NHAI (or concerned land-owning agency), PWD, and local bodies. The District Collector and Commissioner of Police/Superintendent of Police shall bear joint responsibility for timely encroachment removal. The Task Force shall hold fortnightly review meetings and maintain minutes. State Governments shall further issue notifications within 60 days prohibiting change of land use within 40 metres (residential) and 75 metres (commercial) from the mid-point of any National Highway, consistent with IRC norms; MoRTH shall facilitate uniform notifications across all States within the same period.

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f) Surveillance, Patrolling and Illegal Parking - Dedicated Highway Surveillance Teams of State Police and Transport Department personnel shall be constituted within 30 days for regular National Highway patrolling, supplementing NHAI's 24 × 7 route patrolling Vehicles at intervals not exceeding 50 km. All such vehicles shall necessarily be equipped with Vehicle Tracking Devices.

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g) Operationalisation of ATMS - NHAI shall operationalise its ATMS comprising TMCC cameras, VSDS speed detectors, VIDS cameras, Variable Message Signboards, and Emergency Call Boxes across all 4/6-lane highways and expressways in terms of the Policy Circular dated 10.10.2023 and shall file an affidavit within 60 days of compliance, further certifying operational status of each component. Any non-operational units shall be made functional within 60 days.

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h) Emergency Response and Wayside Amenities - NHAI is directed to deploy within a period of 60 days BLS ambulances and recovery cranes which can be deployed immediately at intervals not exceeding 75 km on every National Highway stretch, at toll plazas, Wayside Amenities, or dedicated posts, in affirmance towards the State's positive obligation under Article 21 of the Constitution of India to ensure prompt and timely emergency medical response.

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i) Construction of Truck Lay-Bye Facilities - NHAI and MoRTH shall ensure construction of truck lay-bye facilities at intervals of every 75 km on all National Highways, with priority to the AmritsarJamnagar Highway, and shall operationalise the Wayside

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Amenities Policy dated 29.12.2025 strictly in accordance with its stipulated timelines; all WSAs shall include, at minimum, rest areas, food services, washrooms, safe parking, first-aid facilities, and retro-reflective signage visible from 500 metres, in full compliance with FSSAI standards.

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j) NHAI/MoRTH may also consider providing for more or extra truck lay-bye facilities, wherever possible on the stretch of National Highway, as the drivers of heavy transport vehicles which are continuously being driven could be provided resting facilities.

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k) Accident Blackspots and Lighting - MoRTH/NHAI are directed to identify accident blackspots and critical areas and publish a comprehensive list of Accident blackspots on National Highways within 45 days. NHAI shall issue a Policy Framework mandating installation of high intensity LED/high-mast lighting, speed enforcement cameras, retro-reflective warning signs, and transverse bar markings at every blackspot; full installation shall be completed within 4 months of the Policy Framework.

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l) Institutional Co-ordination, Reporting and Road Safety Committee - MoRTH shall, within 60 days, place before this Court a report on the constitution of an Inter-State Highway Safety Coordination Committee for standardising enforcement protocols including uniform driving-hour limits, surveillance standards, parking enforcement, and penalty regimes across State boundaries.

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m) Compliance Report - It is further directed that all implementing agencies (NHAI, NHIDCI, State PWD, BRO) shall be jointly and severally responsible for compliance within their respective jurisdictions. MoRTH upon securing the consolidated district-wise and agency-wise compliance report shall file the same in a tabular form before this Court within 75 days from the date of uploading of this order.

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Learned counsel for Respondent Nos.2 & 3 submits that in compliance of the said directions, they are taking necessary action with respect to unauthorized encroachments in the national highway. He submits that every step will taken by them as per the law and after affording proper opportunity of hearing to the relevant stakeholder.

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Learned counsel for Respondent Nos.2 & 3 submits that in the present case,

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demarcation will be done of the subject area and upon demarcation, if it is found that any encroachment has been done then necessary action will be taken, however, till demarcation is completed, coercive steps will not be taken against the petitioner.

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Considering the submissions made by the parties, and the particularly considering the cognizance taken by the Hon’ble Supreme Court in this regard, this Writ Petition is disposed of with a direction to the respondent authorities to demarcate the subject area in the National Highway and then only take necessary action against the land owners/petitioner, if they are found encroaching the land in National Highway.

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It is also directed that the demarcation of the subject area shall be done after following due process of law and the demarcation shall be done in presence of the parties concerned and for this, the petitioner/land owners shall be given appropriate notice in respect of demarcation mentioning therein all the necessary details and thereafter respondent authorities shall pass appropriate orders.

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The demarcation be completed within a period of 45 days from the date of receipt of copy of this order.

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Till appropriate orders are passed by the respondent authorities, impugned notice dated 02.05.2026 (Annexure P/1) shall be kept in abeyance.

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It is also directed to respondents authorities that cases involving unauthorized encroachments be dealt swiftly as directed by the Hon’ble Supreme Court in In Re Phalodi accident (supra).

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Since in this case, the State authorities have not been made party, as such, the concerned SDO (Revenue) as well as concerned Tehsildar are directed to cooperate with the National Highway authorities. It is directed to the State

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authorities that if application for demarcation is filed by the respondent authorities then it be treated urgently on priority basis and necessary action shall be taken, forthwith.

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With the aforesaid observation/direction, this Writ Petition is disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Avinash

M/S O B C L Ltd. v. Union of India

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M/S O B C L Ltd. v. Union of India

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