The authority of the State Legislature to make laws with respect to National Highways is not dependent upon the declaration of ownership of the land forming part of the National Highways.

J. Chelameswar, J.

These two appeals arise out of a judgment dated 25th March, 2008 in W P (C) No. 30668 of 2007. The appellants in WA No. 1287 of 2008 are respondents 2 and 3 and the appellant in WA No. 1290 of 2008 is the 5th respondent in the said writ petition respectively.

2. The writ petition was filed by the 1st respondent herein with the prayers as follows

"(i) A writ of mandamus or any other writ direction or order directing 2nd and 3rd respondents not to remove the road Medians, handrails and Bus shelter constructed by the petitioner on the National Highway pursuant to Exts. P1, P2 & P4 agreements and the advertisement display on the same.

(ii) A declaration that the 2nd and 3rd respondents have no manner of right over National Highways and State Highways passing through the Municipal Corporation and as such no permission contemplated under Section 272 of the Municipality Act, 1994 is required to erect or display advertisements along the National Highway.

(iii) A declaration that Ext. P13 agreement entered into between the 3rd and 5th respondent will not have any legal force in so far as it deals with National Highways and State Highways passing through the Municipal Corporation.

(iv) A declaration that Section 272 of the Kerala Municipality Act, 1994 is void in so far as it gives power to the Municipal Corporation to give or deny permission to erect or display advertisements along the National Highway as ultra vires the legislative power, vested with the state legislature being violative of Article 246 read with Entry 23 of list 1 of 7th schedule to the Constitution of India.

(v) Any other writ, direction or order which are just and necessary in the circumstances of the case."

3. Ext. P1 (dated 13/03/2006), P2 (dated 17/06/2006) and P4 (dated 08/08/2006) are agreements entered into between the writ petitioner and the 4th respondent on behalf of the State of Kerala. The pleading in this regard is paras 3 and 4 of the writ petition, which reads as follows:

"3. As per Section 12 of the Kerala Highway Protection Act, 1999 all State Highway are properties of the Government of Kerala. The petitioner therefore submitted a proposal to the Executive Engineer, PWD (Roads) Division, Quilon for providing and maintaining road Medians for a length of 68 meters in the then State High Way between Government Guest House and small bridge road passing in front of Musaliar Building at Chinnakkada on the basis of space marketing principle. The proposal was accepted by the Executive Engineer and an agreement was entered into between the petitioner and the PWD department to carry out the said work and maintain the same for three years on 13th March, 2006. A true copy of the said agreement is produced herewith and marked for reference as Ext. P1. Pursuant to the Agreement, the rent demanded in the agreement was paid and the work was executed by the petitioner advertisement space was allotted to various customers. Thereafter another proposal to erect a bus shelter on BOT basis at Taluk Office Junction, Quilon on the side of the State Highway was accepted by the PWD Department and an agreement to that effect was executed on 17th June, 2006. The agreement was to remain in force for 5 years. There was a condition in the agreement the 1/3 of the advertisement space should be reserved for National Savings etc. free of cost. Pursuant to the agreement the petitioner executed the said work also without any financial help from the Government. A true copy of the agreement dated 17/06/2006 is produced and marked for reference as Ext. P2. Thereafter the available advertisement space was utilised for various customers after receiving payment from them. For the purpose of getting electricity connection in the bus shelter a certificate of ownership of the bus shelter was required. An application to this effect was submitted to the Corporation and the