STATE OF M P Vs. KEWALYADAV

JUDGEMENT

(1.) The respondent herein filed a petition under Art. 226 of the Constitution being in the nature of a public interest litigation in the High Court of Madhya Pradesh challenging the order passed by the State Government dated 31/12/1996, whereby the State Government has directed all the authorities constituted under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as "the Act") to abide by all the orders/directions issued by the Government.

(2.) The High Court was of the view that since the authorities are constituted under the Act, it is not open to the State Government to issue directions under S. 52 and 73 of the Act. Consequently, the order dated 31/12/1996 was quashed and the writ petition was allowed. It is against the said judgment, the appellants State of M. P. and Indore Development Authority are in appeal before us.

(3.) The short question that arises in this case is whether under the provisions of the Act the State Government can issue directions to the authorities constituted under the Act.