- (1.) The appellant raises the question of interpretation of Sub-sections (2) and (3) of Section 50 of the M. P. Town and Country Development Act, 1973, (for short 'the Act') read with Rule 18 of the M. P. Town and Country Development Rules, 1975 (for short 'the Rules').
(2.) This appeal is directed against the judgment and order dated 25.8.1988 of the High Court, which allowed the writ petition of the respondent no. 1, by quashing the draft scheme for the development in respect of some of the villages including Shankar Nagar of Raipur, to which we are concerned, published under Section 50 (3) of the Act in M. P. Gazette dated 4.9.1987/11.9.1987 and by holding in his favour deemed permission under section 30 (5) of the Act to develop its land.
(3.) We now hereby give some of the bare factual matrix to appreciate the controversies in this appeal. The appellant is a statutory authority under the Act. The respondent no. 1 is a Co-operative Housing Society registered under the M. P. Co-operative Housing Act, 1960. The aforesaid 1973 Act has been enacted to make provisions for planning, development and use of land for proper development, with a view to ensure that town planning schemes are made effectively under Chapter IV of the Act. The State Government through notification constitutes planning areas and defines its limit. Section 14 enjoins the Director to prepare a development plan. Such development plan is sanctioned by the State Government, which for the Raipur city was sanctioned on or before 9.9.1976. Chapter VI deals with control, development and use of land. Under Section 24, the overall control, development and use of land vests in the State Government subject to the rules framed under the Act. Section 25 enjoins, the use and development of the land must conform to the provisions of the sanctioned development plan, Section 26 prohibits development of any land without the permission in writing of the Director. Section 27 refers to the development undertaken by the Union or the State Government. Section 28 refers to the development undertaken by a local body or any authority constituted under the Act, while Section 29 refers to the development of the land by any other person. Section 30 empowers the Director to grant permission conditionally, unconditionally or refuse permission while Sub-section (5) refers to a case, where the authority fails to communicate his order on one's application under Section 29 for development within 60 days of its making, then permission would be deemed to have been granted after expiring of the said period. Under Section 50 (1) , the Town and Country Development Authority may, at any time, declare its intention to prepare a town development scheme which may be published within thirty days thereafter under Sub-section (2). Under Sub-section (3) the draft scheme is to be published within two years of the publication under Sub-section (2) , in the form and the manner as prescribed under Rule 18 and within 30 days of this publication, objections and suggestions could be filed before the concerned authority who has to consider and decide the same and make if any consequential modifications. From the date of the final publication of the scheme under Sub-section (7) , restrictions are imposed for the use and development of the land by virtue of Section 53, which has to be only in accordance with the development authorised by the Director under Section 54.;