- (1.) THIS Rule is directed against an order passed by a Municipal Magistrate of Calcutta under s. 440 of the Calcutta Municipal Act of 1951 whereby he has restricted the working hours of a factory run by the petitioner from 10 a. m. to 5 p. m. and has also directed discontinuation of loading and unloading of trucks beyond the said hours. The petitioner was further directed to remove the tinshearing and angle-shearing machines from the factory within six months from the date of the order.
(2.) THE petitioner has his workshop at No. 23/1 Tagore Castle Street, Calcutta. He was prosecuted under section 437 (1) (a) of the Calcutta Municipal act, 1951 for contravention of item no. 8 of schedule XVIII relating to the storing, pressing, etc. of iron materials in excess of the permissible quantity and was convicted under section 437 (1) (a)/537 of the Act for the said offence on his plea of guilt and was sentenced to pay a. fine of Rs. 60/ -. That was on april 17, 1963.
(3.) ON May 1, 1963 the Sanitary officer of the Calcutta Corporation filed a petition under section 440 of the C. M. Act prayfor action against the petitioner on the ground that nuisance is continuing in premises no. 23/1, Tagore Castle Street even after the conviction of the petitioner under sec. 437/537 of the Act. The learned Magistrate took evidence in support of the allegations and found that the factory of the petitioner "emits disturbing sound which causes nuisance to the neighbourhood and even during the night the loading and unloading of trucks cause sound which disturb the sleep of the inmates of the neighbouring places". On this finding he came to the conclusion that the premises in question is kept in such a state as to be a nuisance. Pursuant to this finding of his, the order moved against followed.;