Tapen Sen, J.

The Petitioner No. 1 is a Social Club registered under the West Bengal Societies Registration Act, 1861 and carries on cultural activities and is situated at 3, Outram Street, Kolkata. It was inducted as a tenant on 25.7.1982 in respect of the rear of the ground-floor of the main building by the owners by a written Agreement. The Petitioner No. 2 is the President of the Club.

2. The Municipal Building Tribunal, Kolkata and its Chairman passed an Order on 4.12.2008 in B.T. Appeal No. 40 of 2003 whereby and whereunder the said Appeal was dismissed on contest and the Order appealed against, being the Order dated 8.5.2003 passed in D. Case No. 532-D of 2001-2002 in respect of the said 3, Outram Street, Kolkata (hereinafter referred as the said Premises) was affirmed with a direction upon the Club to comply with all the terms and conditions of the said Order and to carry out the demolitions under Part “B” of the said Order within 60 days from the date of the Judgment failing which it was Ordered that the Kolkata Municipal Corporation will demolish the same at their cost.

3. These are the subject matter of challenge before this Court in this Writ Petition and the Order is Annexure- P/5. The other Order against which the Appeal was preferred being Case No. 532-D of 2001-2002 dated 8.5.2003 has been brought on record vide Annexure- P/3.

4. According to the Petitioners, both the Orders are illegal, erroneous, suffer from material irregularity and therefore, should be quashed and set aside. According to the Petitioners, while granting the tenancy vide Agreement brought on record (Annexure-P/2), the Club was permitted to make constructions only in respect of some portions of their tenancy and after execution of the Agreement, the Club carried on different kinds of social activities in respect of the Premises in question (the tenanted portion) without any interruption till 2001. During this period, the Club made renovations/ repairs/ reconstructions in respect of said area without interruption and with the knowledge and consent of the owners thereof.

5. It is stated that sometime in the year 2001, the Respondent No. 6 filed a Writ Petition against the Club and other authorities of the Kolkata Municipal Corporation. It is stated that one of the Hon’ble Judges of this Court passed an Order directing the Corporation to visit the Premises in order to measure the constructions made by the Club. The said Writ Petition was filed on the basis of allegations that the Club had made various constructions in respect of the tenanted portions though the Club did not admit the same.

6. It is the further case of the Petitioners that the Municipal Authorities became influenced by the Respondent No. 6 and made certain queries and thereafter, they initiated a Proceeding under Section 400 of The Kolkata Municipal Corporation Act, 1980. The matter was heard before the Special Officer (Building) in the presence of the Secretary of the Club as well as in the presence of the Respondent No. 6. The allegations at that stage were that the Club had made unauthorised constructions in violation of Rules 54,56,57,100 and 109 of The Kolkata Municipal Corporation Building Rules, 1990. According to the Petitioners, they had not made any unauthorised constructions but had only erected tubular framed structures and had fixed fibre sheet thereon in respect of the tenanted portions for protection against rain and sunlight and the same was permissible in terms of the tenancy Agreement. This, according to the Petitioners, was also permissible under Rule 3(b) of the Kolkata Municipal Corporation Building Rules, 1990. According to the further case of the Petitioners, they brought this fact to the notice of the Special Officer (Building) during the hearing and also submitted that the structure was lawful and that it did not obstruct the free-flow of area and light of the adjacent building.

7. The grievance of the Petitioners is that the learned Special