Maharashtra has ordered a statewide crackdown on unauthorised dhabas, eateries, hotels and other commercial structures occupying the Right of Way (ROW) of National Highways, directing authorities to remove them within 60 days.
The order, issued to urban local bodies, follows the Supreme Court’s April 13, 2026 directions after 34 people were killed in two separate highway accidents in Rajasthan and Telangana in November 2025. The state has also immediately prohibited new commercial structures within the highway ROW and ordered existing licences in highway safety zones to be reviewed within 30 days.
The move is aimed at keeping land reserved for highways clear, reducing unsafe parking and roadside traffic conflicts, and improving emergency access. At the same time, the Supreme Court’s directions call for designated truck lay-bys and wayside amenities, ensuring that removing unsafe roadside businesses does not leave travellers and drivers without safe places to stop.
60-Day Crackdown Across Maharashtra
Under the new directions, municipal corporations, municipal councils and nagar panchayats across Maharashtra have been asked to identify and remove unauthorised structures within the ROW of National Highways.
District Magistrates will be responsible for enforcing the demolition or removal of new and existing illegal structures within the 60-day period. The state has also prohibited, with immediate effect, the construction or operation of any new dhaba, eatery or commercial structure within the highway ROW.
The action does not mean that every dhaba or restaurant located near a National Highway will automatically be shut. The key issue is whether a structure falls within the officially designated Right of Way and whether it has the necessary approvals. The ROW is the wider strip of land acquired and reserved for the highway’s development, operation, maintenance and future expansion, rather than merely the road surface used by vehicles.
The government has also been directed to prevent local authorities from granting or renewing licences, No Objection Certificates or trade approvals for establishments in highway safety zones without prior clearance from the National Highways Authority of India (NHAI) or the Public Works Department (PWD). Existing licences are to be reviewed within 30 days. This could bring long-running establishments under scrutiny if their location or permissions do not comply with highway regulations.
Maharashtra will also establish District Highway Safety Task Forces in districts through which National Highways pass. These will involve officials from the district administration, police, NHAI or the relevant land-owning agency, PWD and local bodies.
The Supreme Court has placed joint responsibility for timely encroachment removal on District Collectors and Commissioners of Police or Superintendents of Police. The task forces are expected to conduct regular reviews rather than rely solely on one-off demolition drives.
Court Intervention After 34 Deaths
The Maharashtra action follows the Supreme Court’s intervention in In Re: Phalodi Accident, a suo motu case examining systemic failures behind fatal accidents on National Highways. The court took cognisance after 34 people died in successive accidents on November 2 and 3, 2025, in Phalodi, Rajasthan, and Rangareddy, Telangana. The court described the failures as involving systemic negligence and catastrophic infrastructure shortcomings and linked commuter safety with the fundamental right to life under Article 21 of the Constitution.
The Supreme Court’s April 13 order went beyond the immediate accidents. It prohibited new dhabas, eateries and commercial structures within the ROW of National Highways and directed District Magistrates to remove unauthorised structures within 60 days under the Control of National Highways (Land and Traffic) Act, 2002 and the applicable standard operating procedure. The court also ordered authorities to review licences and approvals within highway safety zones.
The concern is closely connected to how roadside commercial activity can affect traffic. Unauthorised establishments may attract vehicles that stop on or near the carriageway, while drivers and pedestrians crossing the highway can create additional conflict with fast-moving traffic. The Supreme Court’s directions therefore treat encroachment and unsafe roadside activity as part of a broader road-safety challenge.
The wider blueprint includes a ban on heavy and commercial vehicles stopping on highway carriageways or paved shoulders except at designated bays, lay-bys or Wayside Amenities. The court has also directed the use of Advanced Traffic Management Systems, surveillance, GPS-linked evidence and e-Challans to improve enforcement. NHAI has separately said it is working with state governments to establish District Highway Safety Task Forces and strengthen monitoring of encroachments and safety infrastructure.
Safety Must Include Safe Alternatives
Importantly, the Supreme Court’s approach is not simply about removing roadside businesses. It also recognises why drivers and travellers stop along highways in the first place. The court has directed NHAI and the Ministry of Road Transport and Highways to develop truck lay-bys at intervals of 75 kilometres and operationalise Wayside Amenities offering rest areas, food services, washrooms, safe parking and first-aid facilities. Basic life-support ambulances and recovery cranes are also to be deployed at intervals not exceeding 75 kilometres on National Highways.
This distinction matters for Maharashtra. A highway without illegal roadside encroachments may be safer, but simply removing a dhaba does not automatically solve the underlying problem if drivers have nowhere safe to eat, rest or park. Poorly planned enforcement could instead push vehicles towards other informal stopping points.
The Supreme Court has therefore attempted to combine enforcement with infrastructure. Its directions require authorities to clear encroachments while creating safer alternatives for road users. The court has also called for accident blackspots to be identified and addressed, along with better surveillance, lighting and emergency response.
Public reaction has already reflected this tension. Online discussions about the Maharashtra order have included support for removing illegal roadside structures as well as concerns about the availability of toilets, food and rest facilities once dhabas are removed. These reactions underline an important point: highway safety policies affect not only vehicle movement but also the everyday needs of truck drivers, families and other travellers.
For Maharashtra, the next 60 days will therefore be a test of implementation. Authorities will have to identify which structures actually fall within the ROW, follow due legal procedures, review permissions and prevent fresh encroachments. At the same time, the state and highway authorities will need to ensure that safe and accessible alternatives are available.
The Logical Indian’s Perspective
Road safety should never be treated as a choice between development and human lives. If unauthorised structures, unsafe parking or roadside congestion are putting motorists and pedestrians at risk, authorities have a responsibility to act.
But enforcement must also be fair, transparent and humane. Small businesses should be given due notice and legal recourse, while truck drivers and travellers must have safe, affordable alternatives for food, rest and basic facilities. The Supreme Court’s broader approach combining removal of encroachments with better infrastructure and emergency services offers a more sustainable path than demolition alone.
