DILIP KUMAR GARG Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD . Fourteen petitioners are persons whose occupation is putting up hoardings and collecting fees for allowing other persons to use the hoardings. They had their hoardings by the side of the roads within the Indore Municipal Corporation Limits. On the direction of the Corporation, they have shifted the hoardings and installed them by the side of Agra -Bombay Road which is part of National Highway No.3. They installed the hoardings at the places indicated with the permission of the Corporation which has granted licence to them. The period offence expires on 31.3.1994. They are aggrieved because before expiry of period of licence, the Superintending Engineer, P.W.D., National Highway Circle, Palasia, Indore respondent No.2 is taking steps to remove the hoardings on the ground that the Corporation has no authority to licence such hoardings by the side of a particular road which is part of National Highway. They have, therefore, filed this writ petition seeking to restrain the respondents from removing or interfering with the hoardings and to direct the respondents to allow them to carry out their business of advertising through hoardings. Second respondents has filed return. Return has been filed on behalf of the Corporation also. We have heard learned counsel appearing for the petitioners, learned Additional Advocate General representing the second respondent and the Corporation.

(2.) THERE is no dispute that the stretch of road on the side of which the petitioners' hoardings have been installed is a part of National Highway No.3 and that it lies within the limit soft he Municipal Corporation. National Highways are governed by the National Highways Act, 1956. Section 2 of the Act declares certain Highways to be National Highways. Each of the Highways specified in the Schedule except such part" thereof as are situated within any municipal area is declared to be a national Highway. National Highway No.3 is included in the Schedule. The particular stretch which is in dispute and on which the hoardings are erected is situated within the municipal area and, therefore, the particular stretch cannot be regarded, in law, as Part of National Highway. This has been so held by a Division Bench of this Court in M.P. No. 982 of 1983 the short -note of which is found in 1983 M.P. Weekly Notes at Page 450. In the circumstances, it is clear that the hoardings cannot be removed on the ground that they are situated by the side of National Highway.

(3.) LEARNED Additional Advocate General submits that though in the eye of law, this stretch of land may not be a part of the National Highway, width of National Highway is being increased and consequently, it has become necessary to increase width of this National Highway also and the same cannot be done unless hoardings are shifted. We have no doubt that if it becomes necessary to shift the hoardings, the petitioners shall not stand in the way.