PRANAB KUMAR CHATTOPADHYAY, J.

This appeal has been preferred at the instance of the Kolkata Municipal Corporation and its different functionaries assailing the judgment and order dated 14th May, 2009 passed by a learned Judge of this Court whereby and whereunder the said learned Judge allowed the writ petition on merits and also imposed cost to the tune of Rs. 10,000/- on the appellants herein. The material facts leading to the present appeal may be summarised thus :-

The respondents/writ petitioners applied for reconstruction of the four storied tenanted dilapidated building at premises No. 1 Mir Bahar Ghat St. within Borough – IV of Kolkata Municipal Corporation by submitting a plan under Rule 3 (2) (e) and (k) of the Kolkata Municipal Corporation Building Rules 1990 read with Section 410 of the Kolkata Municipal Corporation Act, 1980. The competent authority of the Kolkata Municipal Corporation thereafter on 8th October, 2005 allowed the respondents/writ petitioners to reconstruct the aforesaid four storied tenanted dilapidated building by sanctioning the building plan being B. S. Plan No. 50, Borough – IV. On inspection of the premises on 13th July, 2007 it was found