No more building close to highway? Supreme Court order sets wider limits for houses, shops in Kerala

THIRUVANANTHAPURAM: The State Government is likely to face the need for stricter restrictions on construction along national highways following a Supreme Court interim order imposing wider limits for residential and commercial buildings. The Supreme Court, in its April 13 order, directed that new houses should not be permitted within 40 metres of the centreline of national highways and commercial buildings within 75 metres.

The maximum width of national highways in Kerala is 45 metres, with 22.5 metres on either side of the centreline. Under the Supreme Court's directive, 17.5 metres of land within the property boundary would have to be left in the case of residential construction. For commercial buildings, the portion to be left would be up to 52.5 metres.

At present, construction is permitted 4.5 metres from the edge of the road. Accordingly, in the case of a 45-metre-wide national highway, construction can be undertaken after leaving 27 metres from the centreline — 22.5 metres being half the highway width and another 4.5 metres from the road edge. The Supreme Court order changes this requirement to 40 metres for houses and 75 metres for commercial buildings. The restriction will not apply to those who have surrendered land for national highway development, as an existing government order exempts them.

The Supreme Court had directed the State Government to issue a notification within 60 days to implement the order. However, the State Government did not seriously consider the matter amid preparations for the Assembly elections. The present government assumed office on May 18. The interim order was issued in a suo motu case initiated by the Supreme Court following road accidents in Phalodi district of Rajasthan and Rangareddy district of Telangana on November 2 and 3, 2025, in which 34 people were killed.

Encroachments to be removed

The Supreme Court also directed that eateries and commercial establishments should not be permitted within land acquired for national highways. District magistrates were directed to take steps to remove all existing unauthorised structures within 60 days. District magistrates were also directed to constitute highway safety task forces within 15 days of the order. Special highway monitoring teams comprising police and Transport Department officials were to be formed within 30 days.

Parking restrictions

Heavy vehicles and commercial vehicles can be parked on national highways only in permitted areas. The State Police has been directed to ensure strict enforcement of the provision through the Advanced Traffic Management System (ATMS).