( 1 ) SINCE in both these appeals common question of law arise and they are decided by common judgment by the trial court, they are heard and decided together.

( 2 ) IN First Appeal No. 175/95 respondent No. 1 Gas Authority of India Limited (hereinafter, referred to as "gail") filed a civil suit and, in First Appeal No. 1/96 respondent No. 1 National Fertilizers Limited (hereinafter, referred to as "nfl") filed a civil suit in the Court of District Judge, Guna for declaration and perpetual injunction. Prayer in the suit filed by the GAIL was that the defendants 2 and 3 i. e. Director, Town and country Planning and Joint Director, Town and Country Planning have no jurisdiction to permit defendant No. 4 Chief Executive officer, Special Area Development Authority, Reghogarh to recover the external development fees. It is further prayed that the defendant No. 6 Tehsildar, Tehsil Reghogarh, district Guna has no jurisdiction to recover the said fee from the plaintiff which is a government of India Undertaking. Similarly, in the suit filed by the NFL, it is prayed that the recovery of Rs. 2,53,00000/- (Rs. Two crore fifty three lac) as external development charge and its rec