The Keralam government will approach the Supreme Court against an apex court order prohibiting the construction of residential buildings within 40 metres and commercial establishments within 75 metres from the midpoint on either side of the national highway.

“Given Keralam’s special circumstances, it is not practical to construct buildings leaving more land vacant along the frontage. Keralam’s concerns will be conveyed directly to the Supreme Court, and the State government will take a firm stand on the matter,” PWD Minister P.K. Basheer said.

Earlier, the Supreme Court had directed State governments to issue notifications within 60 days prohibiting changes in land use within 40 metres for residential purposes and 75 metres for commercial purposes from the midpoint of any national highway, in accordance with Indian Roads Congress norms. The court also directed the Ministry of Road Transport and Highways to facilitate the issuance of uniform notifications across all States within the same period.

Under the directive, the State would have to keep the service road and the adjoining areas on both sides of the existing 45-metre-wide road free of construction. The Supreme Court issued the order in a suo motu case following the deaths of several people in a road accident in north India.

Mr. Basheer, however, pointed out that Keralam’s situation was completely different. In north India, motorists could enter and exit national highways from several points through service roads. In Kerala, a modified and closed construction system had been adopted, under which access to the national highway was permitted only at designated points. Therefore, there were no similar risk points to those involved in the accident in north India.

“There is also a strong demand for special relief for Kerala, given its high population density and limited availability of land compared with other States,” he said.

The Minister said if the Supreme Court order was not amended, hundreds of acres of land, thousands of households, and numerous traders from Kasaragod to Thiruvananthapuram could be adversely affected.

The court order could also adversely affect several new projects recommended by the National Highways Authority of India in Kerala, he added.