Chakravartti, C.J. - (1.)This is a Reference under Ch. VII, Rule 5 of the Appellate Side Rules made by Mitter and Guha Ray, JJ., in a criminal revision case, arising out of certain proceedings instituted by the Corporation of Calcutta under Section 364 (1) of the Calcutta Municipal Act, 1923. The circumstances in which the Reference came to be made were as follows:
(2.)Opposite party No. 1, Sk, Sirajuddin, is the owner of premises Nos. 70 and 71, Phears Lane, Calcutta. The remaining opposite parties are only tenants or occupants and, therefore, need not be considered further. The premises are bounded on one side by Phears Lane and on another by a road which has been called the Corporation Road. Both of them are public roads.
(3.)It appears that on the 17th of January, 1947, the Corporation detected certain unauthorised projections on the northern side of the building and instituted proceedings under Section 363 (1) of the Calcutta Municipal Act, 1923. Those proceedings came to an end on the 12th of July, 1949, when the learned Magistrate held that the projections complained of did riot violate any of the Building Rules and, therefore, in respect of them, no order for demolition would be made. The projections then complained of were a room and a front veranda in the fourth storey made of masonry work and a projected veranda on the second, third and fourth storeys on the north over a common passage.