JUDGMENT

Misra, J.-The appellant raises the question of interpretation of sub-sections (2) and (3) of Section 50 of the M.P. Town and Country Development Act, 1973, (for short the Act ) read with Rule 18 of the M.P. Town and Country Development Rules 1975 (for short the Rules ).

2. This appeal is directed against the judgment and order dated 25.8.1988 of the High Court, which allowed the writ petition of the respondent No. 1, by quashing the draft scheme for the development in respect of some of the villages including Shankar Nagar of Raipur, to which we are concerned, published under Section 50(3) of the Act in M.P. Gazette dated 4.9.1987/11.9.1987 and by holding in his favour deemed permission under Section 30(5) of the Act to develop its land.

3. We now hereby give some of the bare factual matrix to appreciate the controversies in this appeal. The appellant is a statutory authority under the Act. The respondent No. 1 is a Cooperative Housing Society registered under the M.P. Cooperative Housing Act, 1960. The aforesaid 1973 Act has been enacted to make provisions for planning, development and use of land for proper development, with a view to ensure that town planning schemes are