( 1 ) THE challenge in this appeal is to the judgment of the learned single Judge, who had allowed the writ petition, being special Civil Application No. 4446 of 1991 filed by the respondents Nos. 1 to 3, who had sought a direction to be issued to the appellants herein to grant permission to the said respondents to construct.

( 2 ) BRIEFLY stated, the facts are that the respondents are the owners of parcels of land, bearing Survey Nos. 270 and 271 of Village Katargam. District Surat, which falls within the municipal limits of the Surat Municipal corporation.

( 3 ) THE said respondents had applied for permission to the appellant- corporation for sanctioning the building plans. This permission was withheld and the respondents filed Special Civil Application No. 7145 of 1988 and the same was allowed, vide judgment dated 14/06/1990, and the corporation was directed to decide whether or not to grant sanction to the building plans. The Corporation, in that judgment, was also directed not to reject the plans on the ground that it was contemplating acquisition of land in question.

( 4 ) THE Corporation, again, did not sanction the plans and in reply to the present writ peti