Strict norms for roadside buildings: Kerala seeks relaxation citing terrain, population density

NEW DELHI: Kerala has approached the Supreme Court seeking relaxation of its April 13 interim order. The order restricts land-use changes for residential and commercial purposes within 40 metres and 75 metres, respectively, from the midpoint of National Highways. Kerala has cited the State's geographical characteristics and high population density while seeking the relaxation.

The State has sought permission to maintain the existing situation and has urged that the relaxation granted for constructing National Highways with a width of 45 metres in Kerala should also be reflected while implementing the court's directions.

Kerala has also requested that the repair, reconstruction and renovation of existing houses and buildings be allowed without restrictions. It has sought that access to and from the roads not be restricted and that commercial licences and other permits not be denied. The State has submitted that other road-safety regulations can continue to be implemented.

The submissions were made in the proceedings before a bench of Justices Vikram Nath and Sandeep Mehta, which has been hearing the case in subsequent proceedings. Kerala also sought permission to place its concerns before amicus curiae Atmaram N.S. Nadkarni.

Two key points

1. Residential areas

The restriction on residential construction within 40 metres and commercial establishments within 75 metres of the midpoint of a National Highway would affect lakhs of people from Thiruvananthapuram to Kasaragod, Kerala has submitted.

The State has pointed out that its National Highways pass through densely populated areas. National Highway 66 alone connects five corporations, 25 municipalities and 66 panchayats. Around 60 per cent of the land along the developed stretches had already been developed years ago.

The State has also pointed to the special circumstances under which the width of National Highways in Kerala was reduced from 60 metres to 45 metres. Land-acquisition difficulties had delayed highway development, with the availability of land being a major constraint.

2. Geographical features

Kerala has a narrow, elongated geographical configuration between the Western Ghats and the Arabian Sea. Rapid urbanisation has taken place on both sides of the roads, leaving limited scope for further land acquisition and development.

The State has also pointed to its high road density. According to the Kerala Development Report 2026, Kerala has 5.3 km of road length per 1,000 people, compared with the all-India average of 4.5 km. The report attributes Kerala's high road density to its high population density and distinctive geographical conditions.

Kerala currently has 12 National Highways running through the State, with a combined length of 1,858 km as of 2025, according to the Kerala Development Report 2026.