Sankar Prasad Mitra, CJ. - (1.) The appellant claims to be the owner of premises No. 31, Chowringhee Road in Calcutta at the crossing of Chowringhee Road and Park Street. A portion of the premises has been let out. The appellant uses the other portion for its own purposes.
(2.) In an application under Article 226 the appellant challenged the erections of hoarding in front of the aforesaid premises on the footpath or path-way of pedestrians. The persons responsible for such erections have obtained licences from the Corporation. They were made parties to the application along with the Corporation of Calcutta, its Commissioner and its Licencing Officer.
(3.) The appellant challenges the Corporation's right to permit the erections of hoardings or to permit advertisements resting on pillars on public streets or foot-paths of the Corporation. The appellant contends that these hoardings are interfering with the utilisation and enjoyment of its property. The rights of egress or ingress from and to the premises have been seriously affected. These hoarding., according to the appellant, also obstruct the enjoyment of air and light in the premises.;