( 1 ) THE petitioners have invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India and prayed that the local authority should regularise the unauthorised constructions made by them and/or the plan for developing the property which has been submitted by them should be deemed to have been granted as no decision rejecting or sanctioning the same has been taken within the stipulated time.

( 2 ) THE petitioners have completed the construction without getting approval of the local authority and when notice under section 261 (a) of the BPMC Act was given for demolition, they have rushed to this court taking various contentions. Now-a-days it is the tendency on the part of the organizors/builders to take money from innocent people for the purpose of booking flats and thereafter putting them in helpless condition by not complying with the appropriate building laws and bye laws of the local authority. The ultimate sufferers are the people who have invested their large amount of money for getting a roof over their heads and ultimately they get nothing in the process. The local authority also on the other hand is not vigilant from the very beginning. Therefore, a machinery is required to be evolved by local authority to prevent illegal construction of the buildings rather than undertaking the exercise of demolishing the same after the so called construction is over. Prevention is always better than cure. Present case is a glaring instance as to how the petitioners without bothering about any rules or regulations framed by the local authority completed the construction of the building inspite of injunction order issued by the local authority and ultimately when the local authority started demolishing the said illegal construction, rushed to this court for appropriate relief of injunction against such demolition. The land in dispute is situated in Katrgam in the Surat city bearing survey number 470/1, 472 having sub plots 95,46,47,48 and 49 of Kuber Park , Ved Road, Surat. In SCA No. 6982 of 1997 it has been prayed by the petitioners that the respondents have no authority to demolish the construction put up by the petitioners in the aforesaid survey no. 470/1 and 472.

( 3 ) IT is the case of the petitioners that the land in question is part and parcel of urban agglomeration of Surat. The predecessor in title of the petitioners had submitted a scheme under section 21 of the Gujarat Town Planning and Urban Development Act, 1976 for the purpose of providing houses to the weaker sections of the society and the scheme was sanctioned by the competent authority under the said Act. According to the petitioners the powers of Surat Urban Development Authority under the Town Planing Act for development and redevelopment of the land falling within the limit of the Corporation are being exercised by the Surat Municipal Corporation. The Surat Municipal Corporation therefore sanctioned development plan for the land and accordingly original owner had submitted development plan and by an order dated 26. 4. 81 which is at Annexure. A to the petition ,the Deputy Town Planner of the Surat Municipal Corporation granted permission for construction on various conditions.

( 4 ) THE petitioners thereafter decided to jointly develop the land in question and started construction on the land. It is the say of the petitioners that they are not very literate people and that they have submitted development plan to the Corporation. After the construction was already made, they received a notice under section 260 of the BPMC Act to show cause as to why the offending structure should not be removed as the same was constructed without permission of the Corporation and that after serving the notice the Corporation started demolishing the construction and at that stage they realised that they have to give revised development plan to the Corporation and after consulting their architect, they have submitted revised p