Rajaratnam, C.J. -- 1. The appellants being aggrieved by the order of the learned Single Judge dated 8.9.1998, in Writ Petition No. 1435/95 (Gautam Nagar Housing Society v. State of M.P. and others), have preferred this Letters Patent Appeal.

2. The short question that arose before the learned Single Judge was whether the Town & Country Planning Authority has got the power to require the Developer to surrender the land to the extent of 15% of the area, for which development was sought for by a Developer for informal sector. The learned Single Judge held that the condition of surrender pf 15% of the land for the purpose of informal sector is contrary to law without payment of just compensation.

3. The facts briefly are that the respondent is a Housing Society. It has 187 members belonging to service class and weaker section of the society. The respondent-housing Society applied for exemption under section 20 of the Urban Land (Ceiling and Regulations) Act, 1976, which was granted to him subject to certain conditions therein.

4. The respondent-Housing Society purchased 2.50 acres of land and applied for diversion and mutation 'under the relevant provisions of the M.P. Land Revenue