SHRC orders NHAI to ready underpass near Edappally in two months
Source Entity
India Latest News: Top National Headlines Today & Breaking News | The Hindu
The Kerala government is seeking a Supreme Court review of highway buffer zone restrictions that threaten existing property rights. Simultaneously, the State Human Rights Commission has ordered the NHAI to expedite a critical pedestrian underpass near Edappally to ensure public safety.
Kerala Challenges Highway Buffer Mandates and Demands Infrastructure Accountability
The state of Kerala is currently navigating a complex intersection of judicial oversight and infrastructure development. The government has formally announced its intent to seek a relaxation of a recent Supreme Court directive that imposes strict buffer zones along national highways. This order, which prohibits residential construction within 40 metres and commercial construction within 75 metres of the highway central line, has created significant friction between judicial safety mandates and the realities of land ownership in a densely populated state.
The Economic Implications of Buffer Zones
At the heart of the state's petition is the argument that the current judicial order renders 'residual holdings entirely unbuildable' without providing a clear pathway for statutory acquisition or compensation. By restricting development so close to the central line, the court’s ruling effectively sterilizes land that many citizens rely on for their livelihoods. The state government contends that without an exemption for existing structures, the order imposes an undue hardship on property owners whose land becomes functionally useless under these new, rigid safety parameters.
Regulatory Paralysis and Administrative Burden
The Supreme Court’s requirement that no agency shall grant or renew licenses, No Objection Certificates (NOCs), or trade approvals within these highway safety zones without prior NHAI or PWD clearance creates a massive administrative bottleneck. The state has highlighted that the directive to review all existing licenses within 30 days threatens to paralyze routine maintenance and essential services. This creates a regulatory vacuum where businesses and residents remain in a state of uncertainty, unable to secure the legal approvals necessary for daily operations.
Prioritizing Public Safety at Edappally
While the state grapples with the macro-level policy of highway buffer zones, the micro-level reality of infrastructure construction continues to pose immediate risks to citizens. The Kerala State Human Rights Commission (SHRC), led by Chairperson Alexander Thomas, has intervened in the ongoing construction of the pedestrian underpass on NH 66, between Marottichodu and Edappally Market. The Commission’s intervention follows reports that existing pedestrian infrastructure was rendered unusable, forcing residents to navigate dangerous conditions near the flyover construction site.
Ensuring Accountability in Infrastructure Projects
The SHRC has issued a strict two-month deadline for the National Highways Authority of India (NHAI) to complete the underpass. By registering a suo motu case and demanding reports from both the NHAI project director and the District Police Chief, the Commission is asserting that development projects cannot come at the expense of basic pedestrian safety. This action responds directly to complaints from local advocacy groups, such as the Edappally-Thrikkakara NH Nadapatha Samrakshana Samithi, which have highlighted the neglect of pedestrian rights during the rapid expansion of highway infrastructure.
Conclusion: Balancing Development and Rights
The dual challenges facing Kerala—the legal battle over buffer zones and the local struggle for pedestrian safety—underscore the difficulty of managing national-level infrastructure projects in a state with high population density. Whether through judicial review of land-use policies or commission-led enforcement of safety standards, the government is tasked with ensuring that national highway modernization does not disenfranchise property owners or endanger the daily lives of the public. The coming months will be critical in determining how these conflicting pressures are resolved.
Verification Required?