Growing concern over highway setback norms

The Supreme Court directive prescribing a distance of 40 metres for houses and 75 metres for commercial establishments from the centre of national highways has caused considerable concern in Kerala. National highways in the state are 45 metres wide. If the new norms are implemented as they stand, construction restrictions will extend to large areas beyond the road boundaries on both sides. This could affect lakhs of private landowners and buildings across the state, with significant economic consequences. The National Highways Authority of India (NHAI) acquires only the land it requires for the road. Even if one or two cents of additional land are available, they are not ordinarily acquired.

People have traditionally used such leftover land to build shops and other establishments and make a living from them. The new norms could bring such activities to an end. If construction is prohibited on these properties, potential buyers may also be unwilling to purchase them. There are already many such commercial establishments in existence. Even if the new order does not affect existing structures, it could create difficulties in the future when their licences and other permissions come up for renewal. More importantly, as long as the order remains in force, it is unlikely that permission will be granted for new buildings within the prescribed distance.

The Supreme Court issued the order revising the setback limits in a suo motu case initiated against the backdrop of the loss of many lives in accidents in different parts of the country. In its April 13, 2026 order, the court laid down around a dozen directions, including the removal of encroachments near national highways and restrictions on granting licences for new construction. It also directed the Centre and the states to file action-taken reports.

Kerala is now preparing to seek more time for implementing the interim order in the case. The state must be able to place before the Supreme Court, with facts and evidence, the practical difficulties and economic consequences the order could create in Kerala. This is not a state where such a directive can simply be implemented in the same manner as in regions where settlements along national highways are relatively sparse.

The northeastern states, where roads often run through hilly and valley regions, have been granted exemptions from such orders on several occasions. Kerala must put forward strong arguments for similar consideration, taking into account its high population density and severe shortage of available land.

At present, construction is permitted at a distance of 4.5 metres from the edge of the road. This effectively means that a distance of 27 metres from the centre of a 45-metre-wide national highway is sufficient. The new norms would increase that distance to 40 metres for houses and 75 metres for commercial establishments.

It cannot, however, be assumed that accidents will automatically decrease simply by moving all buildings farther away from national highways. At the same time, illegal encroachments and unauthorised parking must be curbed firmly. The state government must ensure that measures taken in the name of road safety do not come at the cost of people's homes and livelihoods.

At the same time, the courts must also recognise the practical reality that India has states with vastly different geographical conditions, population densities and land availability. A uniform setback requirement for every state may therefore prove impractical. Road safety is undoubtedly important, but so are the realities of the people who live and make their livelihoods along Kerala's highways.