JUDGMENT:

S.B. SINHA, J :

1. Leave granted.

2. Interpretation of the provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, (No. 23 of 1973) (for short, the Act) is in question in these appeals which arise out of the judgments and orders dated 06.03.2007 passed by a Division Bench of the High Court of Madhya Pradesh in Writ Petition No. 9396 of 2006 and Writ Appeal No. 462 of 2006.

3.Before we advert to the said question, we may notice the admitted fact of the matter.

4.The said Act was enacted to make provisions for planning and development and use of land; to make better provision of the preparation of the 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 a Town & Country Planning Authority for proper implementation of town and country development plan; to provide for the development and administration of special areas through a Special Area Development Authority; to make provision for the compulsory acquisition of land required for the purposes connected with the said matters. The said Act came into force with effect from 16.04.1973.

Statutory Provisions :

5.The terms "development", "existing land use map", "planning area", "Town Development Scheme" and "Town and Country Development Authority", which are relevant for the purpose of this case, have been defined in Section 2(f), 2(i), 2(o), 2(u) and 2(v) of the Act respectively in the following terms :

"2(f)"development" with its grammatical variations means the carrying out of a building, engineering, mining or other operation in, on over or under land, or the making of any material change in any building or land or in the use of either, and includes sub-division of any land;"

"2(i)"existing land use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map, and includes the register prepared, with the map giving details of land-use."

"2(o)"planning area" means any area declared to be a planning area under this Act: Non-Planning area shall be construed accordingly."

"2(u)"Town Development Scheme" means a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority and includes "Scheme""

"2(v)"Town and Country Development Authority" means an authority established under Section 38."

6.Chapter IV of the Act deals with planning areas and development plans. Section 13(1) empowers the State Government to constitute planning areas for the purposes of the said Act and define the limits thereof. Sub-section (2) of Section 13 empowers the State Government by notification, inter alia, to alter the limits of the planning area so as to include therein or exclude therefrom such areas, as may be specified in the notification; to amalgamate two or more planning areas so as to constitute one planning area; to divide any planning area into two more planning areas; and to declare that the whole or part of the area constituting the planning area shall cease to be a planning area or part thereof. Sub-section (3) of Section 13 of the Act provides for a non-obstante clause, in terms whereof, the local authority mentioned therein shall in relation to the planning areas from the date of the notification issued under sub-section (1) cease to exercise the powers, perform the functions and discharge the duties which the State Government or the Director is competent to exercise. Section 14 of the Act enables the Director to prepare an existing land use map and development plan. Section 15 enables the Director to carry out the survey and prepare an existing land use map and forthwith publish the same in the manner laid down therein. Once such a plan is published, no person is authorised to institute or change the use of any land or carry out any development of land for any purpose other than that indicated in the existing land use map without the perm