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The Kerala government has decided to approach the Supreme Court seeking relief from restrictions on construction and land use near national highways. The state has raised concerns that the restrictions could have a wider impact in Kerala because of the state’s high population density and the close integration of settlements with highway corridors. The government is expected to seek a review or suitable modification of the order, arguing that rules designed around highway safety and access need to account for Kerala’s distinct geographical and urban-development conditions.
The decision comes after the Supreme Court imposed restrictions affecting construction activity near national highways. The rules have raised concerns in Kerala because highways often pass through densely settled areas where residential, commercial and other properties have developed close to major road corridors.
Kerala's government believes that applying the restrictions uniformly could create difficulties for existing landowners as well as ongoing and proposed development projects. The state is therefore preparing to seek the Supreme Court's intervention, with the objective of obtaining relief or an exemption that takes Kerala's particular circumstances into account.
A key issue is the physical character of Kerala. Unlike sparsely populated stretches of several other parts of the country, large sections of the state have continuous settlements along major transportation corridors. This means that restrictions on development around national highways could potentially affect a substantial number of properties and established communities.
The state has also pointed to differences in highway-access arrangements. According to the arguments reported from the government side, Kerala has adopted a more controlled system in which access to national highways is provided through designated points rather than through frequent direct entry and exit points. This could make the impact of a blanket construction restriction different from that in regions where highways have extensive service-road networks.
The dispute has implications beyond individual construction permissions. Restrictions on development near highways can influence the use and value of land, particularly in urban and semi-urban locations where national highways have become important commercial and residential corridors.
For property owners, the issue could determine the extent to which land adjoining national highways can be developed or modified. It could also affect future commercial projects, residential construction and infrastructure-related development where proximity to highway corridors is an important consideration.
At the same time, restrictions on construction near major highways are closely linked to road safety, traffic management and long-term highway planning. Controlling unplanned development and direct access points can help reduce conflicts between local traffic and high-speed through traffic, while protecting the future capacity of important road corridors.
Kerala's challenge will therefore seek to balance these safety and planning objectives with the state's existing settlement pattern. The government's argument is essentially that highway regulations need to recognise local geographical and development conditions rather than imposing rules without considering differences between states.
The matter is now set to move to the Supreme Court, where Kerala is expected to place its concerns and seek reconsideration of the restrictions. The outcome could have wider significance for landowners and development activity along national highway corridors, particularly in densely populated states where highways pass through established settlements.
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