( 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