Remove illegal constructions within 75 metres of highways: Rajasthan HC
High Court orders removal of unauthorised structures near highways, says safety norms override interim protections.
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Jaipur/Jodhpur: The Rajasthan High Court has held that any construction or activity within the prohibited distance from national highways, in violation of prescribed norms, is unlawful and must be removed in the interest of public safety, irrespective of interim protections granted in earlier proceedings.
A Division Bench of Justice Pushpendra Singh Bhati and Justice Sandeep Shah ruled that courts cannot remain passive where violations of highway construction norms pose a direct threat to human life, particularly in cases involving fatal road accidents.
The Bench clarified that the right to carry on business or construction activities cannot override statutory safety regulations framed under the National Highways Authority of India (NHAI) norms. Any structure existing within 75 metres from the centre point of a national highway, without lawful permission, was held to be impermissible and liable for removal.
The court further held that undertakings given by private parties to comply with highway safety norms are enforceable and that failure to remove unlawful constructions would warrant coercive action by State authorities. It emphasised that road safety considerations must prevail over commercial interests.
These observations were made while hearing a public interest writ petition filed by Himmat Singh Gehlot, which raised concerns over illegal installation and operation of dharam kantas (weighbridges) and allied constructions along National Highway-125 and adjoining roads in Jodhpur district.
The petition was triggered by a fatal road accident in which four persons lost their lives at a location approximately 300 metres from an illegally installed weighbridge. The petitioner contended that unauthorised structures within the highway right-of-way and green belt were causing traffic hazards and contributing to repeated accidents.
During the hearing, the court examined multiple official communications issued by the Public Works Department, Jodhpur Development Authority, Legal Metrology Department and NHAI, which indicated that several weighbridges and related constructions had been set up without mandatory approvals and in breach of distance norms prescribed under highway guidelines.
The NHAI informed the court that no construction is permissible within 75 metres from the midpoint of the highway, while the Additional Deputy Commissioner of Police (Traffic), Jodhpur Commissionerate, submitted a progress report acknowledging the accident and steps taken thereafter.
The Division Bench also modified an earlier interim order passed by a Single Bench in a connected matter, clarifying that no protection could be extended to constructions that violate highway safety norms. The court recorded an assurance by senior counsel appearing for the private parties that all unlawful constructions within the prohibited zone would be removed suo motu within two weeks.
Directing strict compliance, the High Court ordered that any unauthorised construction within 75 metres of the highway be removed by February 6, 2026, failing which the State authorities were directed to ensure removal by February 9, 2026. The court further directed the State Government and NHAI to file affidavits identifying existing violations across Rajasthan and outlining measures to prevent such constructions in future.
The matter has been listed for further hearing on February 9, 2026, to review compliance and assess the broader issue of enforcement of highway safety norms.
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Case Title
Himmat Singh Gehlot vs State of Rajasthan & Others
D.B. Civil Writ Petition No. 24826/2025
High Court of Judicature for Rajasthan at Jodhpur
Advocates
For the petitioner: Mr. Rajesh Joshi, Senior Advocate, assisted by Mr. Rishi Soni, Ms. Kamini Joshi and Mr. Anirudh Kothari
For the respondents: Mr. B.L. Bhati, AAG, assisted by Mr. Deepak Chandak;
Mr. Mahaveer Bishnoi, AAG;
Dr. Sachin Acharya, Senior Advocate, assisted by Mr. Piyush Sharma, Ms. Nishtha Mittal and Mr. Dinesh Kumar;
Mr. Rajat Dave; Ms. Khushbu Choudhary;
Ms. Shalini Niraj, ADCP (present in person)
