Supreme Court: Taking suo motu cognizance of two tragic road accidents that occurred within consecutive days in Rajasthan and Telangana, claiming a total of 34 lives and leaving several others injured, the bench of JK Maheshwari and Vijay Bishnoi, JJ directed the National Highways Authority of India and the Ministry of Road, Transport and Highways, Government of India, to conduct a survey and submit following reports in particular, with respect to the two Highways where the accidents have taken place:
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Number of dhabas situated alongside the highways in the area which is not notified for the facility area.
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Road conditions and the norms followed by the contractors during the period of maintenance.
Tragic incidents that prompted the proceedings
Phalodi Accident: The first incident took place on 02-11- 2025 near Mathoda in Phalodi district, Rajasthan, where a bus carrying pilgrims rammed into a stationary trailer parked near a roadside ‘dhaba’ on the Bharatmala Expressway. The accident resulted in 15 deaths. Reports indicate that multiple unauthorized dhabas and illegal encroachments operate along this stretch of the national highway, with several heavy vehicles parked in unsafe conditions. Following the accident, authorities reportedly initiated a crackdown on illegal roadside structures, but only after the tragedy occurred.
Rangareddy Accident: The second accident happened on 03-11- 2025 on the Mirjaguda—Khanapur road near Chevella in Rangareddy district, Telangana, when a gravel-laden lorry coming from the opposite direction on National Highway-163 collided head-on with a State Road Transport Corporation bus while trying to avoid a pothole. The collision resulted in the death of 19 people, including a 40-day-old infant. According to media reports, the stretch of road lacked basic safety infrastructure such as streetlights, dividers, and signage, highlighting serious lapses in road safety measures.
The main reasons identified for both tragic accidents are:
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Damaged conditions of the road, despite regular tolls being charged; and
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unauthorized operation of roadside dhabas on the encroached land, encouraging truck drivers (including other people) to stop for meals, leading to parking of numerous trucks/ trailers on the highway shoulder, thereby increasing the risk of such collision or resulting in one.
Court’s Observations
The Suo Motu case aims to address the larger issue of road safety, illegal encroachments, and the accountability of highway authorities in preventing such avoidable loss of lives.
The Court noted,
“We cannot turn a blind eye such to such tragedies, more so when they could have been averted had the authorities concerned acted promptly and discharged their duties with due diligence. Indeed, once a life is lost, the status quo ante cannot be restored, however, any loss of life, in particular due to negligence of State or public infrastructure cannot be overlooked on such dereliction.”
The Court stressed that Article 21 of the Constitution of India envisages fundamental right to life not limited to mere animal existence and includes right of every citizen to have essential and adequate public infrastructure, thereby imposing positive obligation on the State to ensure the same.
9) The Court directed that the Ministry of Home Affairs, respective Chief Secretary of the States of Punjab, Haryana, Rajasthan and Gujarat through which States the Bharatmala Expressway (connecting Jamnagar to Amritsar) passes, as well as the respective Chief Secretary of the States of Telangana and Chhattisgarh which States are connected by National Highway No. 163 be also joined as a party.
Senior Advocate A.N.S. Nadkarni has been appointed as Amicus Curiae in the matter, who will be assisted by AOR Jai Anant Dehadrai and Advocate Sughosh Subramanyam.
The matter will now be taken up on 15-12-2025.
[N RE: PHALODI ACCIDENT, 2025 SCC OnLine SC 2428, order dated 10.11.2025]
Advocates who appeared in this case:
For State of Rajasthan: Mr. Shiv Mangal Sharma, AAG, Ms. Shalini Singh, Adv., Ms. Nidhi Jaswal, AOR
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