Deadly toll of highway-maintenance apathy

The tragic death of seven commuters and the serious injuries suffered by several others in a fatal road accident along the Khetri stretch of National Highway (NH) 27 in the Kamrup (Metropolitan) district have exposed another instance of systemic neglect in the maintenance of NHs in Assam and the denial of highway users’ right to safe travel, even after paying toll fees to access the road. The accident occurred when a Guwahati-bound passenger vehicle reportedly lost control after hitting a large pothole, jumped the divider due to the impact, and collided head-on with an incoming truck. Preventing recurrence of such fatal road accidents along NH stretches requires strengthening regular site inspections and periodic reviews to ascertain roadworthiness and undertaking repair and maintenance work promptly. Ironically, the National Highways Authority of India – the agency mandated to develop and maintain NHs in the entire Northeast region – has been turning a deaf ear to repeated warnings from highway users against poor maintenance. The failure of the highway authorities to promptly act on media reports highlighting the dilapidated condition of the particular NH stretch is a serious gap in the monitoring and oversight mechanism. The Supreme Court upheld an observation by the Kerala High Court that when the public is legally bound to pay a user fee, they simultaneously acquire a corresponding right to demand unhindered, safe, and regulated access to the road. The apex court also strongly agreed with the High Court that “the obligation of the public to pay a user fee under statutory provisions is premised on the assurance that their use of the road will be free from hindrances” and “any failure on the part of the National Highways Authority or its agents to ensure such access constitutes a breach of the public’s legitimate expectations and undermines the very basis of the toll regime.”  Angry protestors forced the suspension of toll collection at a toll plaza near the accident site, manifesting deep public frustration over the NHAI’s apathy towards highway maintenance. Any act of protestors taking the law into their own hands cannot be condoned, as such irresponsible behaviour only breeds further lawlessness and must be firmly discouraged. The provisions of National Highways Fee Rules, 2008, stipulate that in case of a concessionaire-operated fee plaza, the toll fee notified as per the concession agreement is collected by the concessionaire till the end of the concession period, and after the concession period is over, the fee plaza is handed over to the central government, and thereafter the fee is collected by the central government or the executing authority. It is the responsibility of the private concessionaire to undertake routine and major maintenance during the entire lease or contract period, while NHAI or NHIDCL monitors the quality of maintenance and ensures safety and operational standards. Once the government takes over, NHAI or NHIDCL assumes full responsibility for toll collection and maintenance. Despite such a clear oversight mechanism, potholed highways lay bare a troubling pattern of persistent administrative negligence. This calls for fixing accountability for erring officials whose negligence allowed potholes to become chronic hazards on NH sections in the state. Only proactive, continuous oversight—not post-accident reviews—can ensure roadworthiness and reduce the risk of fatal crashes due to poor upkeep of highways. The NHIDCL addressing the issue of poor construction quality in the region, given the fragile ecology and hazard risks, remains crucial for reducing repair and maintenance costs. If the quality is strictly enforced at the construction stage, then roadworthiness becomes durable, as it prevents early deterioration and significantly reduces the lifecycle maintenance cost. The District Road Safety Committee can play a crucial role in improving road safety, provided the decisions of the committee meetings related to it are vigorously pursued to ensure timely implementation. These committees can significantly improve road safety by ensuring transparency in their meetings and publicly communicating key decisions regarding road safety audits of highway stretches, which will alert highway users to potholes and black spots, allowing them to take adequate precautions for safe travel. Increasing budgetary allocations for highway maintenance remains critical to regular upkeep of the NH sections, especially in the northeast region, where damage caused by annual floods and landslides adds to the maintenance burden. NITI Aayog highlighted in one of its reports, ‘Strategy for New India @ 75’, that the actual budgetary allocation for maintenance and repair of national highways is less than 4% compared to 40% spent in developed countries. Increasing this allocation to at least 10%, as recommended by the apex policy think tank, is essential to improve the road worthiness of national highways. The state government continuously pursuing the central government’s regular and periodic maintenance of highways is pivotal to making highway travel safer. Strengthened oversight, quality enforcement and adequate maintenance funding are essential to making Assam’s highways genuinely safer for commuters.