Lok Sabha Question No. 801 (UNSTARRED), answered on 2025-07-24
Subject: Preventing Encroachment on National Highways
Ministry: ROAD TRANSPORT AND HIGHWAYS
Asked by: Shri Rahul Kaswan

be pleased to state:

- (a)  the  current  status  of  encroachment  along  National  Highways, particularly where the Right-of-Way (RoW) has been compromised due to illegal structures;
- (b)  the  specific  surveillance  regimes  that  have  been  deployed  to detect  and  deter  encroachments  following  the  Supreme  Court's  May 2025 directives;
- (c)  whether  any  action  has  been  taken  against  responsible  officers including  project  directors,  executive  engineers  or  police  officials where RoW violations continued despite prior warnings and if so, the details thereof;
- (d)  the  number  of  FIRs  or  legal  notices  that  have  been  issued  and illegal constructions demolished;
- (e)  whether  the  Government  has  instituted  a  time-bound  compliance framework assigning accountability and detailing penalties for projected clearance delays or negligence; and

## GOVERNMENT OF INDIA

## MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

LOK SABHA UNSTARRED QUESTION NO. 801

ANSWERED ON 24 TH  JULY, 2025

## PREVENTING ENCROACHMENT ON NATIONAL HIGHWAYS

801. Shri Rahul Kaswan:

Will the Minister of ROAD TRANSPORT AND HIGHWAYS

सड़क परिवहन औि िाजमार्ग मंत्री

- (f)  if  so,  the  timeline  and  status  of  establishing  such  enforcement measures and if not, the reasons for absence of such mechanisms?

## ANSWER

## THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS (SHRI NITIN JAIRAM GADKARI)

- (a) The status of the reported unauthorised occupation and removal of unauthorised occupation on National Highways (NHs) is as under:
- (b)  Over  the  last  couple  of  years,  the  Government  has  launched  an intensive  campaign  for  ascertainment  and  removal  of  unauthorised occupations  from  National  Highways  (NHs)  following  the  orders  of Hon'ble Supreme Court. All the State Governments have been requested  to  issue  necessary  instructions  to  District  Administration and  District  Police  to  extend  support  to  the  Field  Officers  of  the Government  for  removal  of  unauthorised  occupation  on  stretches under  section  26  of  the  Control  of  National  Highways  (Land  and Traffic) Act, 2002. Further, steps have been initiated for setting up a national level Highway Administration, formulating Standard Operating Procedures  (SOPs)  and  delegation  of  powers  to  District  Magistrates under section 26 of the said Act. Under the proposed SoP, a provision has been made for drone imaging and analytics of National Highways every three months if the stretches are under development and every six  months  if  the  stretches  are  under  maintenance.  All  field  officers are being instructed to compulsorily ascertain the extent of unauthorized occupation on NHs during their inspections and promptly report the matter to the officers authorized by the Highway Administration.

|   No. of identified 25 |   unauthorised occupations along NHs during FY 2024- No. of unauthorised occupations removed during FY 2024-25 |
|------------------------|----------------------------------------------------------------------------------------------------------------|
|                  28644 |                                                                                                          16423 |

(c)  The  field  officers  managing  the  stretches  of  National  Highways have  been  sensitized  about  the  unauthorised  occupation  and  other Right of Way (RoW) violations. Regional officers are now mandated to monitor the removal of unauthorized occupation on NHs and take up the matter with the respective State Government. (d)  20,482  notices  under  section  26  of  the  Act  have  been  issued  in 2023-24. (e) and (f) The compliance framework has been laid out in the Control of National Highways (Land and Traffic) Act, 2002 and the corresponding  Highway  Administration  Rules,  2004.  The  Government has  initiated  steps  for  constitution  of  a  National  Level  Highway Administration, formulation of SOP and delegation of powers to District Magistrates under section 26 of the Act along with periodic review at the regional and national level. Aided by drone imagery and analysis, the revamped set-up as per the proposed SoP and the clear delegation of power, especially to the District Magistrate, will bring in accountability and effective enforcement of the provisions of the Act.

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