Institute of Legal and Management Studies

The Supreme Court on Monday directed the National Highways Authority of India (NHAI) and the Ministry of Road Transport and Highways to submit reports on roadside dhabas and road maintenance conditions, after taking suo motu cognizance of fatal highway accidents in Rajasthan and Telangana.

A bench of Justice JK Maheshwari and Justice Vijay Bishnoi directed that a survey be carried out within two weeks to identify how many dhabas are located along the highways on land not notified for such facilities.

“Dhabas have been opened by the general public on areas which are not available for them to open dhabas. In consequence, the vehicles go and park there. The other vehicles are not in a position to see the standing vehicles on the road, colliding with such vehicles. In such circumstances, it is essential to ask the NHAI and Ministry of road transport to submit a report in particular with respect to two highways where the accidents took place”, the Court stated.

The Court also sought details of the road conditions and the norms followed by contractors during maintenance.

The Court ordered that the Ministry of Home Affairs, Union of India, be added as a party, along with the Chief Secretaries of the respective States through which the highways pass.

During the hearing, Justice Maheshwari observed that dhabas are often situated along the edge of the road in areas not notified for such use, leading to trucks being parked there and collisions with speeding vehicles. “People stop their trucks and go to the dhabas. And the other vehicles coming on speed collide with them. We have to understand how this can be regulated,” he said.

In its order, the Court noted that the Phalodi and Telangana accidents claimed 18 and 19 lives respectively. It noted that the loss of life was attributed in news reports to poor road conditions despite toll collection and the presence of dhabas in unauthorised areas.

As per reports, in the November 2 Phalodi accident, at least 15 people died when a tempo traveller carrying pilgrims from Jodhpur to Bikaner collided with a stationary truck parked near an eatery on the Bharatmala highway.

Case no. – SMW(C) No. 9/2025

Case Title – In Re: Phalodi Accident