Executive Summary:
The Ministry of Road Transport and Highways addressed concerns regarding encroachment on National Highways (NHs) in response to a parliamentary question. The government has intensified efforts to remove unauthorized occupations following Supreme Court directives and is establishing a national-level Highway Administration. Key initiatives include utilizing drone technology for surveillance, sensitizing field officers, and delegating powers to District Magistrates for effective enforcement.
Key Points / Main Content:
Status of Encroachments:
* 28,644 unauthorized occupations were identified along NHs during FY 2024-25.
* 16,423 unauthorized occupations were removed during FY 2024-25.
Surveillance and Deterrence:
* State Governments are requested to instruct District Administrations and Police to support the removal of unauthorized occupations under Section 26 of the Control of National Highways Land and Traffic Act, 2002.
* A national-level Highway Administration is being set up.
* Standard Operating Procedures (SOPs) are being formulated.
* Powers are being delegated to District Magistrates under Section 26 of the Act.
* The proposed SOP includes drone imaging and analytics of NHs every three months for stretches under development and every six months for stretches under maintenance.
* Field officers are instructed to ascertain the extent of unauthorized occupation during inspections and report to authorized officers.
Enforcement and Accountability:
* Field officers are sensitized about unauthorized occupation and Right of Way (RoW) violations.
* Regional officers are mandated to monitor the removal of unauthorized occupation and liaise with State Governments.
* 20,482 notices were issued under Section 26 of the Act in 2023-24.
Compliance Framework:
* The compliance framework is outlined in the Control of National Highways Land and Traffic Act, 2002, and the Highway Administration Rules, 2004.
* The Government has initiated steps for the 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.
Impact Analysis:
State Governments:
* Impact: Required to provide support from District Administrations and Police for the removal of unauthorized occupations.
* Action Required: Issue necessary instructions to District Administration and District Police.
Field Officers:
* Impact: Responsible for identifying and reporting unauthorized occupations on NHs.
* Action Required: Ascertain the extent of unauthorized occupation during inspections and report to authorized officers.
Regional Officers:
* Impact: Responsible for monitoring the removal of unauthorized occupations and coordinating with State Governments.
* Action Required: Monitor the removal of unauthorized occupation on NHs and take up the matter with the respective State Government.
District Magistrates:
* Impact: Delegated powers under Section 26 of the Act for enforcement.
* Action Required: Exercise delegated powers for effective enforcement of the Act's provisions.
Key Entities Referenced
Ministry of Road Transport and Highways: The government ministry responsible for road transport and highways in India.
Shri Rahul Kaswan: Member of Parliament who raised the unstarred question regarding encroachment on National Highways.
National Highways: The network of highways maintained by the central government of India.
Supreme Court: The highest judicial body in India, which issued directives regarding encroachment on National Highways.
Shri Nitin Jairam Gadkari: The Minister of Road Transport and Highways who answered the question in the Lok Sabha.
State Governments: The governments of the individual states within India, responsible for assisting in the removal of unauthorized occupations.
District Administration: The local administrative body responsible for maintaining law and order and providing support for removal of encroachments.
Control of National Highways Land and Traffic Act, 2002: An Indian law pertaining to the control and management of land and traffic on national highways.
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
LOK SABHA
UNSTARRED QUESTION NO. 801
ANSWERED ON 24TH JULY, 2025
PREVENTING ENCROACHMENT ON NATIONAL HIGHWAYS
801. Shri Rahul Kaswan:
Will the Minister of ROAD TRANSPORT AND HIGHWAYS
सड़क परिवहन औि िाजमार्ग मंत्री
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(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:
No. of unauthorised occupations No. of unauthorised
identified along NHs during FY 2024-occupations removed during FY
25 2024-25
28644 16423
(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.(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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