( 1 ) THE appellants have filed Special Civil Suit No. 22 of 1998 in the Court of Second Joint Civil Judge (S. D.), Surat District, for permanent injunction against the respondent Surat-Municipal Corporation restraining them from interfering with the construction which is being carried out by the plaintiffs in the property in question, and to restrain from demolishing the construction on the suit property. According to the plaintiff the land in question which is situated within the municipal limits of Surat Municipal Corporation is covered by draft town planning scheme published under the Gujarat Town Planning and Urban Development Act, 1976. For the development of the area of which the land in question is a part, State Government has constituted Surat Urban Development Authority under S. 22 of the Gujarat town Planning and Urban Development Act, 1976. As the permission of appropriate authority before carrying out any development of the area was a condition precedent under S. 26 of the Town Planning Act, the plaintiffs applied under S. 27 of the act and they are carrying out the construction as per the plans approved by the Surat urban Development Authority under the Ac