( 1 ) THIS reference raises two short questions under proviso (a) to Section 363 (1) of the Calcutta Municipal Act. The facts which have led up to this Reference are as follows :

( 2 ) ON some date in 1950, one Badrudduja who was occupying a flat in the second storey of premises No. 15 Dhurrumtolla Street, Calcutta, made a complaint to the Corporation that one Abdul Hamid, who was occupying the ground floor, had erected a two-storeyed structure to the south of the building which was Interfering with his light and air. On receipt of that complaint, the corporation sent an officer to inspect the premises, who found that not only had a structure been erected in the back space to the south, but another structure had also been erected in the side space to the west. Both were two-storeyed structures with corrugated iron roofs and both were unauthorised. Thereafter, proceedings were commenced under Section 363, Calcutta Municipal Act and after hearing Abdul Hamid, the Corporation made an order on 28-3-1951, that an application be made to the Municipal Magistrate for a demolition order. Actually, the application was made on 5-4-1951, when the Magistrate directed notices