Indore-Dewas Highway Jam| MP HC directs expeditious construction of service lanes
Madhya Pradesh High Court: In a public interest litigation filed by some law students seeking directions regarding the conditions of the roads and highways in the State, the Division Bench of Vivek Rusia* And Binod Kumar DIWEDiJJ., disposed of the petition, directing the expeditious completion of the construction of the service lanes. The Court further directed the National Highway Authority of India (‘NHAI’) to regularly monitor the same and submit a compliance report within 30 days.
Background
In 2023, some law students (now advocates) filed the present PIL seeking multiple directions to the respondents to fix the proper road signs on the roads, remove the trucks parked on both sides of the road at the Palda Bridge, remove speed breakers, constitute a committee for maintenance of the roads, and make NHAI take responsibility of any accident which may happen in future because of the aforesaid poor maintenance of the national highways.
During the pendency of this petition, there was a more than 30-hour-long traffic jam on the Indore Dewas Highway due to the construction of a flyover. As per media reporting, three people died as they could not reach the hospital in time.
As per the reply filed by the NHAI, the NH-3 was initially a 4-lane highway between Indore and Dewas. In 2011, it was planned to upgrade to a 6-lane highway in view of anticipated traffic.
The NHAI further contended that it had observed a few black spots on the Indore-Dewas stretch and decided to construct flyovers at major crossings situated in those places. Accordingly, the work was allotted to Mehrotra Buildcon Pvt. Ltd (‘MBPL’). Due to the construction/ repair on other adjoining municipal roads, MDR, and the State Highways, most of the traffic on those roads was diverted to the Indore-Dewas road, which has increased the traffic load and resulted in traffic jams. The heavy rain exacerbated the traffic situation.
In compliance with the order dated 30-06-2025, the Project Manager of MBPL filed an affidavit explaining the current situation and the steps that were being taken by MBPL in resolving the current traffic congestion and other issues on the Indore-Dewas Highway bypass at Arjun Barodia and Best Price. MBPL further contended that at Arjun Barodia, road diversions had been made on both sides where incoming traffic from Dewas and Indore was diverted on the respective service roads. The diversion road had been properly made, and regular maintenance of the said diversions was being carried out. In this regard, MBPL submitted photographs.
Analysis
Regarding the congestion and blockage of free movement of traffic, the Court agreed with NHAI that it could happen at any time on any national highway due to various reasons. No measures can be taken in advance. The flyovers are also necessary on major crossings on the national highway for the smooth flow of traffic. They cannot be constructed by completely blocking the traffic; they have to be constructed while traffic is flowing.
The Court stated that a detailed traffic management plan was crucial for safe and smooth traffic flow during the construction of flyovers, which included the diversion of traffic on the national highway. Additionally, before starting construction work, well-planned temporary diversions, considering the traffic load on the said national highway, with proper specifications, should have been constructed on both sides.
The Court further stated that wherever the construction work of flyovers was being undertaken, there should be an extensive use of high-intensity grade retro-reflecting sheeting signs, delineators, hazard markers, and barricades to channelize the traffic. There should be adequate lighting during construction at night to ensure visibility of both workers and motorists. The Court added that it was the contractor’s responsibility to depute a flagman or traffic controller to guide the vehicles, specifically in a congested area. Proper reduction devices like rumble strips and speed limit signs should be present on national highways to encourage reduced speed in a construction zone. The frequent inspection and maintenance of traffic control devices and diversion was the joint responsibility of the NHAI and contractors.
Upon perusal of the photographs filed by MBPL, the Court noted that they showed that they were now constructing/upgrading the side lanes/diversions on both sides of the flyover at Arjun Barodia.
“As per the agreement and the norms of Road Congress guidelines, the service road ought to have been constructed before starting the construction work of the bridges, flyovers, or subways. The strength and width of the side-lines should have been designed and fixed, considering the load of traffic on the said highway.”
The Court remarked that the NH-3 was an old and busy national highway which connects two industrial areas at Dewas, as well as Pithampur, Dhar. Therefore, heavy movements of trucks, dumpers, cargo trucks, transport vehicles, and buses should have been anticipated while constructing the service road. Furthermore, since the highway is also connected to the highway towards Bhopal, there is a huge traffic movement between Indore and Bhopal of four-wheelers and passenger buses. Thus, before starting the construction of the flyover, good quality service roads on this highway ought to have been constructed by MBPL in order to avoid inconvenience to the travellers and passengers, as well as to ensure free movement of ambulances, police vehicles, and the fire brigade, in case of emergency.
“It is the duty of the department and the contractor to provide a hassle-free way during the construction of a road or flyover.”
Stating that it appeared that MBPL was upgrading the service roads, the Court directed the same to be completed on a priority basis along with the ongoing construction work of the flyovers. NHAI was directed to regularly monitor the work of completion of the service roads and thereafter, their maintenance, and submit the report to the Court after 30 days.
Regarding the prayer for removal of speed breakers on the Indore-Dewar national highway, the Court stated that, as per the photographs, those were not speed breakers, but rather rumble strips constructed on a road to avoid accidents on the highways. Since the rumbles were necessary to control the speeds of heavy vehicles, the Court stated that NHAI and the local administration were the competent authorities to decide the place where the rumbles were constructed, and the Court could not direct the removal or the shifting of these rumbles.
So far as the traffic signs were concerned, the Court agreed that they had to be put at the appropriate places as per the Motor Vehicle Act, 1988and its Rules, and their regular replacement was also necessary. Thus, the Court directed the State to properly monitor the traffic signs and replace them, from time to time, if required.
Accordingly, the writ petition was disposed of and directed to be listed if a compliance report was not submitted by NHAI after 30 days.
[Tanishq Patel v. National Highways Authority of India, Writ Petition No. 23845 of 2023, decided on 23-07-2025]
*Judgment authored by: Justice Vivek Rusia
Advocates who appeared in this case:
For the petitioner: Named kishore verma
For the respondent: Deputy Solicitor General Romesh Dave, Deputy Advocate General for the State Sudeep Bhargava, Advocates Pankaj Chandra Bagadiya, AP Singh, Shagufta Rehman, Avinash Kushwaha, AKAHADIA, AKAHADIA, AKAHADIA, Nandini Sharama on behalf of kushagra jain