M.M.Dutt, J. - (1.) The appellants, who are 60 in number, have preferred this appeal against the judgment of B. C. Ray J., whereby the learned Judge dismissed the application of the appellants under Article 226 of the Constitution of India.
(2.) The appellants claim to be the tenants of premises No. 174, Chittaranjan Avenue, Calcutta, which is a 14-storeyed building. It is not disputed that the said building has been constructed without any sanctioned plan and in violation of the provisions of the Calcutta Municipal Act, 1951, hereinafter referred to as the Act, and the Building Rules under Schedule XVI of the Act. Admittedly, one Smt. Durga Devi is the owner of the land, comprising the said building being premises No. 174, Chittaranjan Avenue, Calcutta. The respondent No. 11, Shyam Lal Agarwalla, took a lease of the land with an old structure standing thereon from the said Durga Devi on June 27, 1977. The old structure was demolished by him and, thereafter, he started the construction of the disputed building without any sanctioned plan and in violation of the Building Rules. The Corporation of Calcutta tried to prevent the respondent No. 11 from constructing the building in defiance of the provisions of the Act and the Rules, but all attempts of the Corporation were defeated by the respondent No. 11, and he succeeded in erecting the building up to the sixth storey. After the service of statutory notice, the Corporation started a demolition case and on May 15, 1978 the Deputy Commissioner of the Corporation passed an order of demolition.
(3.) The said order of demolition dated May 15, 1978 could not stop the respondent No. 11, Shyam Lal Agarwalla, from going on with further constructions up to the 10th storey and, thereafter up to the 14th storey. On April 21, 1981, the Corporation passed two other demolition orders, one for the 7th to 10th storeys and the other for the 11th to 14h stories. In the meantime, Shyam Lal Agarwalla filed an appeal before the Building Tribunal of the Corporation against the first demolition order of the building up to the sixth storey. He also filed two other appeals before the Building Tribunal against the other two demolition orders, both dated April 21, 1981, relating to 7th to 10th stories and 11th to 14th stories.;