( 1 ) THE respondent herein filed a petition under Art. 226 of the Constitution being in the nature of a public interest litigation in the High Court of Madhya Pradesh challenging the order passed by the State Government dated 31/12/1996, whereby the State Government has directed all the authorities constituted under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as "the Act") to abide by all the orders/directions issued by the Government.

( 2 ) THE High Court was of the view that since the authorities are constituted under the Act, it is not open to the State Government to issue directions under S. 52 and 73 of the Act. Consequently, the order dated 31/12/1996 was quashed and the writ petition was allowed. It is against the said judgment, the appellants State of M. P. and Indore Development Authority are in appeal before us.

( 3 ) THE short question that arises in this case is whether under the provisions of the Act the State Government can issue directions to the authorities constituted under the Act.

( 4 ) THE Act was enacted with the object

"to make provision for planning and development and use of land; to make better provision for the preparation of development plans and zoning plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to constitute Town and Country Planning Authority for proper implementation of town and country development plan; to provide for the development and administration of special areas through Special Area Development Authority; to make provision for the compulsory acquisition of land required for the purpose of the development plans and for purposes connected with the matters aforesaid".

( 5 ) SS. 24, 52, 56, 72 and 73 of the Act which are relevant for our purposes are as under:

"24. State Government to control development and me of land.- (1) The overall control of development and use of land in the State Government. (2) Subject to the provisions of sub-section (1) and the Rules made under this Act, the overall control of development and use of land in the planning area shall vest in the Director with effect from such date as the State Government may, by notification, appoint in this behalf. (3) The State Government may make rules to regulate the control of development and use of land in planning area and non-planning area in the State and may, by notification, apply the said rules to any planning area from such date as may be specified therein and where the rules are made applicable to a non-planning area, such notification shall define the limits of the non-planning area: provided that different rules may be made for different classes of local authorities in a planning area, or non-planning area, as the case may be. (4) On application of rules to a planning area the provision of this chapter in its application to that area, shall be subject to the provisions of the rules. (5) On application of rules to any non-planning area, the following consequences shall ensue, namely: (i) relevant provision of the law relating to local authority empowering the local authority to control development and use of land or any other enactment under which the authority entrusted with the functions of development and use of land is constituted and the rules, or bye-laws, if any, made thereunder shall cease to apply to the area comprised within the limits of the local authority or any other authority, as the case may be; (ii) the local authority or any other authority whose function it is to control development and use of land under any other law relating to local authority or under any other enactment for the time being in force shall, notwithstanding anything contained in any such law or enactment, be bound to give effect to the provisions of the Rules made under this Act. 2. Removal of difficulty.-If any difficulty arises in giving effect to the provisions of the rules made and applied under S. 24, as substitu