( 1. ) THIS is an appeal against the order dated 17-5-2006 of the learned single Judge under Art. 226 of the Constitution in Writ Petition No. 4 of 2005 and raises substantial questions of law relating to interpretation of the Madhya pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short the

adhiniyam ).

( 2. ) THE facts briefly are that the appellant purchased on 4-8-1986 an agricultural land bearing Khasra No. 67/8/2 in village Bicholi Hapsj in District indore and submitted a plan for construction for purposes of residence on the land to the Gram Panchayat of Bicholi Hapsi. By order dated 5-4-1990, the gram Panchayat approved the appellants plan and the appellant commenced construction on the land. Village Bicholi Hapsi was not amongst the 37 villages included in the plan area of Indore as notified by notification dated 13-2-1974 of the State Government under Section 13 (1) of the Adhiniyam. On 30-3-1999, the State Government issued a notification under Section 75 (1) of the adhiniyam, delegating its powers under Section 13 of the Adhiniyam to define the plan area to the Zila Yojna Samiti, Indore with effect from 1-4-1999 and on 25-11-2000, the Zila Yojna Samiti, Indore issued a notification enlarging the plan area to additional 115 villages including village Bicholi Hapsi. On 28-6-2002, however, the Zila Yojna Samiti excluded 62 villages from the plan area but village Bicholi Hapsi continued to be in the plan area. In April 2003, a draft Master Plan 2011 called the Indore Development Plan, was prepared for the enlarged plan area including village Bicholi Hapsi. Thereafter, on 24-8-2004, the Indore Development Authority published a Draft Scheme No. 164 under section 50 (2) of the Adhiniyam which covered village Bicholi Hapsi. Since the land of the appellant in village Bicholi Hapsi was covered by the Draft Scheme no. 164, the appellant applied to the Joint Director of Town and Country planning, Indore for sanction of lay out plan for the purpose of development under Section 21 (1) of the Adhiniyam mentioning therein that the plan was earlier sanctioned in the year 1991 by the Gram Panchayat, Bicholi Hapsi. The joint Director, Town and Country Planning, Indore informed the appellant that he cannot approve the plan for construction of the house because of the publication of the Draft Scheme No. 164 under Section 50 (2) of the Adhiniyam. The appellant filed Writ Petition No. 4 of 2005 challenging the notification of the Indore Development Authority dated 24-8-2004 publishing the Draft scheme No. 164 but by the impugned order, the learned single Judge dismissed the writ petition.

( 3. ) MR. P. P. Rao, learned Counsel for the appellant submitted that section 2 (u) of the Adhiniyam defines town Development Scheme to mean a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority. He submitted that section 17 of the Adhiniyam describes the contents of the development plan. He referred to the provisions of Sections 14 and 18 of the Adhiniyam to show how a draft development is prepared by the Director. He submitted that finally the draft development plan has to be approved by the State Government and published by the State Government in the Gazette under Section 19 of the adhiniyam. He submitted that sub-section (5) of Section 19 of the Adhiniyam provides that the development plan comes into operation from the date of publication of the development plan in the gazette and from such date the development plan becomes binding on all development authorities constituted under the Adhiniyam and all local authorities functioning within the plan area. He argued that all these provisions of the Adhiniyam would show that until a development plan is prepared, finalized and published by the State government, the Town and Country Development Authority cannot prepare and publish a town development scheme under Section 50 of the Adhiniyam. He submitted that the Indore Deve