( 1 ) THIS is an application under the Bengal Smoke Nuisances Act (Act III of 1905 ). The preamble of the Act states that it is"an Act to amend the law relating to the abatement of nuisances arising from the smoke of furnaces or fire places in the town and suburbs of Calcutta and in Howrah and to provide for the extension thereof to other areas in Bengal".

( 2 ) THE facts in this case are briefly as follows: The petitioner is a Limited Company which has been carrying on the business of manufacturing Hosiery goods since 1952. For the said purpose, it has acquired approximately three bighas of land at premises No. 21 Srinath Mukherjee Lane, Dum Dum in the suburbs of Calcutta. In the said premises, the Company has constructed four ovens. It is stated in the petition that the ovens are each two feet in diameter and fifteen inches in height, and are intended to burn soft coke and charcoal in order to boil and clean hosiery fabrics. It is claimed that of these four ovens, only two are in commission and the smoke emanating therefrom is absolutely negligible and even when fully charged, the smoke coming out from the two ovens is much less than even ordinary domestic ovens used