Kerala govt to file review petition in SC on order restricting land use near NH

Key points

• The SC order (2026 INSC 388) dated April 13, 2026, issued interim directions prohibiting change of land use within 40…
• Kerala, with a population density of 860 people per sq km (as per the 2011 census), being clubbed with states…
• A prominent member of the Kerala Hotel and Restaurants Association, the order raises grave concerns.
• In Vadakara, those who had planned to sell their residual land find themselves in a tight spot.

KOCHI: With a Supreme Court directive to prohibit land-use changes close to national highways — within 40 metres for residential use and 75 metres for commercial apply — leaving landowners in Kerala worried, the state government is preparing to file a review petition, according to a top official in the law department.

Kerala, with a population density of 860 people per sq km (as per the 2011 census), being clubbed with states that have just around 200 residents per sq km places the state at a disadvantage. “We don’t have enough land. So, a plan regarding the review petition will be arrived at after a cabinet meeting. It will be held soon after Onam,” the official stated. As such, the state has been struggling to find land for various development projects, he noted that.

Asked whether the review petition will be clubbed along with the writ petition filed by Kozhikode resident Fousiya Meethale Edakkatt seeking permission to be impleaded and to file a detailed counter affidavit to bring before the SC the real grievances of the affected people, the official clarified: “Once the decision regarding the review petition is arrived at, the state government will approach the matter independently since it is voicing the concerns of the people of the state.”

According to Fousiya, the SC order (2026 INSC 388) dated April 13, 2026, issued interim directions prohibiting change of land use within 40 metres (residential) and 75 metres (commercial) from the mid-point of any national highway. “Families like ours have already surrendered land for highway widening. In our case, we gave three cents.

What happened

The residual holding of seven cents now falls entirely within the restricted zone. This means residential construction is prohibited and commercial use is impossible unless 40 and 75 metres are left from the centre line of the nearby NH. This effectively renders the land unusable,” Fousiya told TNIE.

“We are now left with plots that cannot be used even for building a house. In effect, the land must be kept idle, with no permissible use,” she went on.

According to Azeez Moosa, a prominent member of the Kerala Hotel and Restaurants Association, the order raises grave concerns. “We have discussed the issue at our general body gathering. It will take time for the official machinery to take steps regarding the implementation of the order,” Moosa said.

Meanwhile, in Vadakara, those who had planned to sell their residual land find themselves in a tight spot. “The order has dealt them a big blow. After the land acquisition for the NH, in many places, landowners were left with highly little property. Hence, they had no choice but to sell it and move. These plots had only commercial value,” said Aravindan Kings, a member of the Vadakara Highway Overpass Action Committee.

The details

For those whose properties lie between the railway line and the NH, the situation is even more complicated. In Koratty near Thrissur, many properties face the predicament. “The latest rule will leave nothing for the landowner. The clause that a violation of the said rule will cause non-issuance of a no-objection order or renewal of licences for establishments is another sizeable worry,” said Nixon Paul Perappadan. This person owns shops along the NH at Koratty.

WHAT THE SC ORDER SAYS

Following the tragic loss of 34 lives in successive road accidents on November 2 and 3, 2025, in Phalodi in Rajasthan, and Rangareddy in Telangana, the apex court took suo-motu cognisance of the systemic negligence and catastrophic infrastructure failures that led to the casualties. After taking note of the suggestions and recommendations as jointly made by the amicus curiae and the solicitor general, issued interim directions which were:, the SC.

• No heavy or commercial vehicle shall park/stop on any national highway carriageway or paved shoulder except at a designated bay, lay-bye, or wayside amenity

• Construction/operation of any new dhaba, eatery, or commercial structure within the right of way (ROW) of any national highway is prohibited with immediate effect

• No department, authority, or local body shall grant or renew any licence, NOC, or trade approval for any site within highway safety zones without prior NHAI/PWD clearance

• State governments shall further issue notifications within 60 days prohibiting change of land apply within 40 m (residential) and 75 m (commercial) from the mid-point of any national highway, consistent with IRC norms; MoRTH shall facilitate uniform notifications across all states within the same period