Prohibition of construction near NH: Keralam to approach Supreme Court
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The Kerala government plans to challenge a Supreme Court directive that bans construction within 40 to 75 metres of national highways. State officials argue the ruling is impractical due to the state's unique geographical and population density constraints.
Kerala Challenges National Highway Construction Buffer Zones
The government of Kerala has formally announced its intent to approach the Supreme Court to contest a recent directive concerning construction restrictions along national highways. The apex court’s ruling mandates a strict prohibition on the construction of residential buildings within 40 metres and commercial establishments within 75 metres from the midpoint on either side of national highways. This judicial intervention is part of a broader push to ensure road safety and infrastructure management, but it has triggered significant administrative friction in the southern Indian state.
The Rationale Behind the State's Opposition
Public Works Department (PWD) Minister P.K. Basheer has articulated the state's firm stance, emphasizing that the topography and demographic realities of Kerala make the court's mandate functionally impossible to implement. Unlike states with vast, sparsely populated land tracts, Kerala possesses a high population density and limited land availability. The state government argues that requiring such extensive vacant frontage would effectively sterilize vast swaths of prime land, hindering development and causing undue hardship to property owners.
The Scope of the Supreme Court Directive
The Supreme Court's order is far-reaching, requiring all state governments to issue formal notifications within a 60-day window. These notifications are intended to freeze land use changes, ensuring that no new residential or commercial developments encroach upon the specified buffer zones. This centralized directive aims to standardize highway management across India, yet it fails to account for the unique regional planning challenges faced by states like Kerala, where urban sprawl and highway expansion often overlap significantly.
Broader Implications for State Infrastructure
This legal battle highlights the ongoing tension between centralized judicial oversight and the localized needs of state-level governance. While the Supreme Court’s objective is to maintain clear corridors for potential future highway expansion and to minimize safety risks associated with roadside development, the state of Kerala views this as an encroachment on its ability to manage land use effectively. The outcome of this appeal will likely set a precedent for how other states with similar land-scarcity issues manage their infrastructure and urban development policies.
Future Outlook and Legal Strategy
As the Kerala government prepares to present its case, the focus will likely remain on seeking an exemption or a modification of the buffer zone distances. By conveying the state's specific circumstances directly to the court, the administration hopes to demonstrate that a 'one-size-fits-all' approach to highway regulation is counter-productive in the context of Kerala's unique geographical constraints. The legal proceedings will be a critical test of whether the judiciary will allow for regional flexibility in the implementation of national infrastructure guidelines.
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