1. RULE. Mr.Dhaval Nanavati, learned advocate waives service of notice of Rule on behalf of respondent No.1 and Mr.Amit Thakkar, learned advocate waives service of notice of Rule on behalf of respondent Nos.2 and 3.

2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present petition is taken up for final hearing today.

3. By way of this petition under Article 226 of the Constitution of India, the petitioner – Sarjan Cooperative Housing Society Limited (“Society” for short), through its Chairman/Secretary/Committee Member has prayed for an appropriate writ, order and/or direction, quashing and setting aside the Plans approved and sanctioned by the respondent No.1 - Surat Municipal Corporation, in favour of respondent Nos.2 and 3, with respect to Bungalow No.134/A which according to the petitioner is in breach of principles of natural justice and dehors and contrary to the Bye-laws of the petitioner-Society, which are binding to the respondent Nos.2 and 3.

4. The following short but an interesting questions arise for consideration of this Court:-

(a) Whether a member of the society can