Indore-Dewas Highway Jam | MP High Court Directs NHAI To Submit Report On Construction & Maintenance Of Service Road

The Madhya Pradesh High Court recently directed the National Highways Authority of India (NHAI) to monitor the construction and maintenance of the service road near Palda Bridge actively.

The direction was made in a public interest litigation filed by Advocates seeking directions to fix the road signs, remove the trucks parked on both sides of the Palda Bridge, remove speed breakers, as well as to constitute a committee for maintenance of the aforementioned road. The plea further sought directions against NHAI to take accountability for any accidents that might happen due to the poor maintenance of the National Highways. 

However, observing that the upgradation of the service road is already underway, the bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi directed,

"Let this construction/ upgradation of service roads be completed on a priority basis along with the ongoing construction work of the flyovers. The respondents/ NHAI are directed to regularly monitor the work of completion of the service road and thereafter their maintenance and submit the report to this court after 30 days from the date of this order". 

Two more writ petitions were filed before the court concerning similar issues. The first PIL was filed, titled Manoj v Union of India and another plea was filed by Advocate Anand Adhikari after an incident on June 27. 

The incident pertained to a nearly 8 km long traffic jam on the highway, lasting approximately 32 hours. Over 4,000 vehicles were stranded due to gridlock, allegedly caused by ongoing six-lane bridge construction, incomplete service roads and the absence of viable traffic diversion plans. It also led to the death of three people.

In the current plea, the NHAI argued that the deaths were not caused by the traffic jam. The NHAI acknowledged the existence of 'black spots' along the highway, including locations such as Rau Circle, Phoenix Mall, Ralamandal, and Arjun Barodia, where new flyovers are under construction by M/s Mehrotra Buildcon Pvt Ltd. According to the authority, the increased traffic load was due to construction-related diversions and adjoining municipal road closures, compounded by the heavy rainfall. 

M/s Mehrotra Buildcon also informed the court that flyover projects at Ralamandal, MR-10, and Arjun Barodia are progressing on schedule and are expected to be completed by December 2025. The company reported that the diversion roads were being regularly maintained and that there had been no congestion at the Arjun Barodia for the past 6 days. 

The court held that the highway maintenance was a statutory responsibility of NHAI. It observed, "The NHAI is responsible for the maintenance of all the national highways across the country... The frequent inspection and maintenance of traffic control devices and diversion is the joint responsibility of the NHAI and contractors". 

Acknowledging that traffic congestion is sometimes unavoidable, the court held that a well-planned traffic management system, especially during construction, was essential to minimise disruption and ensure commuter safety. 

The bench held, "A detailed traffic management plan is crucial for safe and smooth traffic flow during the construction of flyovers, which includes the diversion of traffic on the national highway. Before starting construction work, well-planned temporary diversions taking into account, the traffic load on the said national highway with proper specifications should have been constructed on both sides". 

Highlighting that "Before starting construction work, well-planned temporary diversions taking into account, the traffic load on the said national highway with proper specifications should have been constructed on both sides", the court passed the following guidelines; 

• There should be extensive use of high-intensity grade retro-reflecting sheeting signs, delineators, Hazard markers and barricades to channelize traffic.
• There should be adequate lighting during night work to ensure visibility of both workers and the motorists. 
• Deputation of a flagman or traffic controller by the contractor to guide the vehicles, specifically in a congested area
• Proper reduction devices like rumble strips and speed limit signs to encourage reduced speed in a construction zone

Regarding the issue of speed breakers, the court noted that it was rather rumble strips that are necessary to control the speed of the heavy vehicles. Thus, the bench rejected the prayer to direct removal of the same, noting that 'the NHAI, as well as the local administration, is the competent authority to decide the place where the rumbles are constructed'. 

Further, concerning the issue of traffic signs, the court observed, "they are liable to be put at the appropriate places as per the Motor Vehicle Act and Rules, and their regular replacement is also necessary from time to time". Thus, the bench directed, "Let these traffic signs be properly monitored and, if required, be replaced from time to time". 

The court accordingly disposed of the petition. However, the court also directed the petition to be listed after 30 days in case no compliance report is filed. 

Case Title: Tanishq Patel v NHAI (W.P. No. 23845 of 2023) 

Citation: 2025 LiveLaw (MP) 172

For Petitioners: Advocate Navneet Kishore Verma

For Respondents: Deputy Solicitor General Romesh Dave and Deputy Advocate General Sudeep Bhargava with Advocates Pankaj Chandra Bagadiya, A.P. Singh, Shagufta Rehman, Avinash Kushwaha, Akshat Pahadia, Nandini Sharma and Kushagra Jain

Click here to read the Judgment