Imran Khan S/O Shri Abdul Majid vs The State Of Rajasthan on 2 April, 2026

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    Rajasthan High Court – Jaipur

    Imran Khan S/O Shri Abdul Majid vs The State Of Rajasthan on 2 April, 2026

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR
    
                     D.B. Civil Writ Petition No. 503/2024
    
    Imran Khan S/o Shri Abdul Majid, Aged About 41 Years, R/o
    Ward No 14 Tehsil Chaksu Mohalla Dalalan ,chaksu, District
    Jaipur (Raj)
                                                                             ----Petitioner
                                           Versus
    1.     The State Of Rajasthan, Through Secretary, Secretary,
           Local     Self     Department,            Government         Of     Rajasthan,
           Secretariat, Jaipur(Raj).
    2.     Director, Local Self Government Department, Local Self
           Department Directorate, Jaipur (Raj).
    3.     District Collector, Jaipur (Raj).
    4.     Executive Officer, Nagar Palika, Chaksu, District Jaipur
           (Raj).
                                                                        ----Respondents

    Connected With
    D.B. Civil Writ Petition No. 17020/2025
    Suo Moto, Rajasthan High Court, Jaipur Bench, Jaipur.

    —-Petitioner
    Versus

    SPONSORED

    1. Union Of India, A. Central Government Authorities 1.

    Union Of India Through The Secretary, Ministry Of Road
    Transport And Highways (Morth), Transport Bhawan, 1,
    Parliament Street, New Delhi- 110001.

    2. National Highways Authority Of India (Nhai) Through The
    Chairman, G-5 And 6, Sector- 10, Dwarka, New Delhi-
    110075.

    3. National Road Safety Board (Nrsb), Through The
    Chairperson, Ministry Of Road Transport And Highways,
    New Delhi- 110001.

    4. State Government Authorities (Rajasthan), 4. State Of
    Rajasthan Through The Chief Secretary, Government Of
    Rajasthan, Secretariat, Jaipur- 302005.

    5. Principal Secretary, Department Of Transport,
    Government Of Rajasthan, Secretariat, Jaipur- 302005.

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    6. Principal Secretary, Department Of Home (Road Safety),
    Government Of Rajasthan, Secretariat, Jaipur- 302005.

    7. Rajasthan State Road Safety Council (Rsrsc) Through Its
    Member Secretary, Transport Department, Jaipur.

    8. Chief Engineer (Road Safety And Traffic), Public Works
    Department, Rajasthan, Pwd Headquarters, Jaipur-
    302005.

    9. C. Police And Traffic Enforcement Authorities, 9. Director
    General Of Police (Dgp), Rajasthan Police, Police
    Headquarters, Lal Kothi, Jaipur- 302015.

    10. Commissioner Of Police, Jaipur Commissionerate, Police
    Commissionerate Building, Lal Kothi, Jaipur- 302015.

    11. Additional Commissioner Of Police (Traffic), Jaipur, Police
    Commissionerate, Lal Kothi, Jaipur- 302015.

    12. D. Urban And Local Development Authorities, 12.

    Commissioner, Jaipur Development Authority (Jda), Jda
    Campus, Lal Kothi, Jaipur- 302015.

    13. Commissioner, Municipal Corporation Jaipur Heritage,
    Chomu House, Jaipur- 302001.

    14. Regional Transport Officer (Rto), Jaipur, Parivahan
    Bhawan, Sahkar Marg, Jaipur- 302005. District Collector,
    Jaipur, Collectorate, Bani Park, Jaipur- 302016.

    —-Respondents
    D.B. Civil Writ Petition No. 17238/2025
    Suo Moto, Rajasthan High Court Bench Jaipur.

                                                                           ----Petitioner
                                        Versus
    State Of Rajasthan, Jaipur
                                                                        ----Respondent
    
    
    For Petitioner(s)          :    Ms. Uzma Ilyas
                                    Ms. Aafreen Rizvi
                                    Ms. Saziya Khan on behalf of
                                    Mr. Syed Saadat Ali
    For Respondent(s)          :    Mr. Rajendra Prasad, AG
                                    Mr. Bharat Vyas, ASG
                                    Mr. G.S. Gill, AAG with
                                    Ms. Shikha Sharma
                                    Ms. Naina Bhaskar
    
    
    

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    Mr. Kanhaiya Lal
    Choudhary

    HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
    HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

    Order

    02/04/2026

    1. Mr. Rajendra Prasad, learned Advocate General and Mr.

    Bharat Vyas, learned ASG fairly submit that the broader issue

    involved herein is covered by a judgment rendered by this Court in

    Himmat Singh Gehlot vs. State of Rajasthan & Pors. (D.B.

    Civil Writ Petition No.24826/2025), decided on 05.02.2026.

    The relevant portion of the said judgment reads as under :-

    “12. In view of the grave road accidents that have occurred

    and the material placed before this Court demonstrating

    large-scale encroachments within the Right of Way (ROW)

    of National Highways across the State of Rajasthan,

    comprising 103 religious structures, 881 residential

    structures, and 1,232 commercial structures, as reflected in

    the list furnished by the respondent National Highways

    Authority of India and referred to in paragraph 7 herein,

    this Court, in the interest of public safety and justice,

    directs that all such encroachments falling within the

    prohibited ROW shall be removed or suitably relocated

    within a period of two months from today.

    12.1. For the said purpose, Respondent Nos. 1, 2, and 3

    shall undertake coordinated action, in consultation with and

    with the assistance of the concerned District Collector and

    the Commissioner of Police/Superintendent of Police. The

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    Respondent No. 10 and Respondent No. 11 shall extend

    necessary technical, logistical, and site-specific assistance

    to ensure effective compliance of this direction.

    12.2. The exercise shall be carried out strictly in

    accordance with law, after due demarcation, issuance of

    notice and affording opportunity of hearing to the

    encroachers.

    13. Furthermore, it is directed that the State shall file

    before this Court a district-wise status report within a

    period of two months from today, detailing the

    encroachments identified within the Right of Way (ROW)

    and the control line of National and State Highways, along

    with the action taken or proposed for their removal. The

    said report shall be filed by Respondent Nos. 1, 2, and 3

    after obtaining necessary inputs from Respondent Nos. 10

    and 11, in tandem with the district authorities.

    13.1. It is also directed that the State shall clarify, in the

    aforesaid status report within a period of two months

    from today, whether rules regulating roadside activities and

    access to Highways under Sections 138(1A) and 210-D of

    the Motor Vehicles Act, 1988 have been framed or are

    proposed to be framed, in compliance with the directions

    issued by the Hon’ble Supreme Court in S. Rajaseekaran

    (supra). The status report shall, as far as practicable, be

    supported by GIS mapping, site demarcation records, and

    relevant photographic material.

    14. The respondents are permitted to seek appropriate

    legal assistance from Mr. Deepak Chandak, learned

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    Additional Advocate General, for the purpose of proper

    understanding and effective implementation of this order,

    so as to ensure strict compliance with the statutory

    framework and the Highway safety norms explained herein.

    15. In order to operationalise the above directions in a

    structured, accountable and preventive manner across the

    State, this Court further directs as under:

    A. Declaration of Legal Position:

    • All occupations within the ROW/road land boundary of

    National and State Highways shall be treated as per se illegal

    and incapable of regularisation.

    B. Administrative Supervision and Institutional Mechanism:

    • Respondent Nos. 1, 2, and 3 along with the respective

    District Collector and the Commissioner Police/Superintendent

    of of Police shall bear overall responsibility of execution, and

    shall, within seven days, constitute a District Highway Safety

    Task Force comprising officers of the District Administration,

    Police, NHAI, PWD and concerned local bodies for coordinated

    demarcation and removal action.

    • The District Collector shall maintain minutes of all meetings

    and proceedings undertaken by the Task Force at district

    level.

    C. Scientific Demarcation and Identification Process:

    • Demarcation of the ROW/road land boundary/building

    line/control line shall be carried out with videography, GPS

    coordinates and GIS mapping.

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    • A district-wise Encroachment Register shall be maintained

    containing photographs, geo-coordinates and particulars of

    each identified occupation.

    • Accident-prone and identified blackspot stretches shall be

    prioritised for immediate demarcation and action.

    D. Regulatory and Preventive Measures:

    • No department, authority or local body shall grant or renew

    any licence, NOC, permission, utility connection or trade approval

    for any site falling within Highway safety zones without prior

    clearance from NHAI/PWD, as the case may be.

    • Existing licences, NOCs or permissions in respect of such

    sites shall be reviewed within 15 days and kept in abeyance upon

    detection of violation.

    • After removal of encroachments, permanent boundary

    markers and caution boards shall be installed to prevent future

    occupation.

    • Police authorities shall provide necessary protection during

    the removal process and shall take preventive measures to ensure

    that re-encroachment does not occur on the demarcated Highway

    safety zones.

    E. Accountability, Reporting and Future Compliance :

    • Responsibility of officers for compliance of these directions

    shall be specifically indicated in the status report to be filed

    before this Court.

    • Compliance affidavits shall be filed by Respondent Nos. 1, 2,

    and 3 after completion of the exercise.

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    • The State shall indicate a definite timeline for framing rules

    under Sections 138(1A) and 210-D of the Motor Vehicles Act,

    1988 regulating roadside activities and access control.

    • Periodic Highway safety audits, in coordination with

    NHAI/PWD, shall be institutionalised and reflected in the

    status report.”

    2. This Court in Himmat Singh Gehlot (supra) has given further

    directions vide order dated 13.03.2026 which reads as under:-

    “26. It is pertinent to note that the Mining Department

    is legally empowered to permit and regulate check-

    posts and monitor mineral transportation, including the

    E-Ravana and transit/royalty pass mechanism, while

    the installation and operation of weighbridges fall

    within the jurisdiction of the Legal Metrology

    Department. These functions are intrinsically

    interconnected, since the collection of royalty based on

    the weight of minerals transported from mining leases

    or quarry areas necessarily requires the use of

    weighbridges. Denial thereof, would thus result

    not only in illegal and surreptitious mining but also loss

    to the State exchequer on account of pilferage in the

    royalty payments.

    27. Aside above, it is also clarified that, insofar as

    Respondent Nos. 12 to 16 are concerned, they have

    stated on oath before this Court that their Dharm

    Kantas have been relocated to a distance of 75 metres

    away from the National Highway. This position has not

    been disputed at this stage, either by NHAI or the State

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    authorities. In view thereof, they are henceforth

    permitted to continue their business activities as per

    the sanction accorded to them by the competent

    authority of the State”.

    3. This Court is satisfied with the aforesaid proposition as put

    forth by the learned Advocate General and the learned ASG and

    finds that the issue raised in the present case is covered by the

    judgment rendered in the case of Himmat Singh Gehlot (supra).

    4. In view of the above, while disposing of the present writ

    petitions, in terms of the judgment rendered in Himmat Singh

    Gehlot (supra) and observing that the directions contained in the

    said judgment shall form part of the present order and binding

    upon the respondents, the parties are given liberty to approach

    this Court again, in case any ancillary issue, pertaining to the

    controversy raised herein, remains for adjudication.

    (VINIT KUMAR MATHUR),J (DR.PUSHPENDRA SINGH BHATI),J

    AnilS/Sanjay10-12

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