Kolkata Court August 1956 Judgments

Anchor Aluminium Works Vs. Howrah Municipality

Court: Kolkata

Reported in: 1957CriLJ63

ORDERGuha Ray, J.1. This revisional petition is directed against an order by a Magistrate, First Class, How-rah, sitting as a Municipal Magistrate by which the petitioners, who are the owners of a factory known as Anchor Aluminium works, were directed to remove within thirty days of the order, i.e., by 25-7-1956 their factory to a different site failing which it would be open to the Howrah Municipality to stop the nuisance by not allowing the factory to run there, with police help, if necessary. The order was made under Section 535, Calcutta Municipal Act 1923 which has been extended to Howrah. It was made after an enquiry on the petition of certain persons of the locality that the factory was a public nuisance because of the smoke which came out of it, the rattling sound of its machineries and the nasty smell emitted from the factory. The defence of the petitioners was that there was no smoke nuisance, no-rattling sound and no nasty smell and that this was-a proceeding taken by the Mu...