( 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