Kerala | August 2026

A recent interim direction of the Supreme Court concerning construction along National Highways has raised concern among property owners, businesses and local authorities in Kerala. The directions restrict permissions for residential construction within 40 metres and commercial establishments within 75 metres, measured from the centre line of a National Highway.

The issue has particular significance for Kerala because of the state's comparatively narrow highway corridors and dense roadside development.

What Does the Supreme Court Direction Say?

According to reports on the interim order, authorities should not grant permission for residential buildings within 40 metres from the centre of a National Highway. For commercial establishments, the corresponding distance is 75 metres from the highway centre line.

The restrictions have generated considerable discussion in Kerala, where houses, shops, hotels and other establishments have traditionally developed close to major roads.

Why Is Kerala Particularly Concerned?

One of the main concerns is the width of National Highway corridors in Kerala.The report notes that a typical National Highway right-of-way under discussion in Kerala is approximately 45 metres wide, extending about 22.5 metres on either side of the centre line. Under the 40-metre residential requirement, a house would therefore have to be approximately 17.5 metres beyond the edge of a 45-metre highway corridor. For commercial establishments subject to the 75-metre limit, the corresponding distance would be approximately 52.5 metres beyond the highway corridor. ( Vachakam ) This is why the directions have caused particular concern in Kerala, where available roadside land is limited in many towns and settlements.

Why Did the Supreme Court Intervene?

The directions emerged from a suo motu case concerning highway safety following serious road accidents in Rajasthan and Telangana in November 2025.

The Court examined wider issues involving highway safety, roadside infrastructure and the responsibilities of authorities. Reports on the proceedings note the disproportionate share of road fatalities occurring on National Highways and the need for governments and highway authorities to provide safer road infrastructure.

The directions were issued after considering recommendations from the amicus curiae and information submitted by the National Highways Authority of India.

Other Highway Safety Directions

The Court's directions reportedly address several other highway-safety concerns, including unauthorised roadside occupation and parking.

Complaints concerning National Highway encroachments can be made through the 1033 toll- free helpline and the Rajmarg Yatra app. Reports also state that the directions address new roadside commercial establishments and action against unauthorised structures.

What Could This Mean for Kerala?

If the setback requirements are implemented in their present form, they could have significant implications for future construction along National Highways in Kerala.

The impact could be particularly noticeable in densely populated areas where residential and commercial development already exists close to highway corridors.

Property owners, developers and businesses considering new construction along National Highways should therefore verify the latest requirements with the relevant local authority and highway authority before proceeding with construction, property development or investment decisions.

As this concerns an interim judicial direction and an evolving legal matter, requirements may change following further proceedings, clarifications or government responses.

Relevance to Kerala's Tourism Sector

The issue is also important to Kerala's tourism industry because hotels, resorts, restaurants, shops and other tourism-related establishments are often located along important road corridors.

For tourism destinations such as Munnar and other parts of Idukki, road accessibility and responsible development are particularly important. Tourism businesses and property owners should confirm whether a particular property falls within an affected National Highway corridor and obtain professional and official guidance before making decisions based on the reported distance limits.