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1970 (9) TMI 116

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..... ality for leave to construct a building to be used for cinematograph theatre. The Municipality sanctioned construction of the building. The Executive Engineer also signified his assent by letter addressed to the Additional District Magistrate to the grant of a no objection certificate. 2. By an application submitted on May 14, 1963 the respondents prayed that a no objection certificate under the Bombay Cinemas (Regulation) Act be granted in respect of the annexe to be constructed. As required by the rules framed under the Act the District Magistrate notified the application and invited objections to the proposal. The District Magistrate then forwarded his report to the Government of Gujarat that according to the rules the respondents should have commenced construction of the annexe only after obtaining the 'no objection certificate' under the Act, but since the building was constructed with the sanction of the Municipality and the building was in conformity with the rules, he recommended that the no objection certificate be granted. The Government of Gujarat intimated by a letter written by the Additional District Magistrate, Rajkot that the application filed b .....

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..... ecautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of persons attending exhibition therein. By Section (2) subject to the provisions of Sub-section (1) and to the control of the State Government the Licensing Authority may grant licences under the Act to such persons as that Authority thinks fit. Section 7 authorises the Licensing Authority with power to revoke or suspend a licence. Any person aggrieved by an order of a Licensing Authority, inter alia, refusing to grant a licence or revoking or suspending any licence, may under Section 8A appeal to the State Government : Section 9 provides for the making of the rules for the purpose of carrying into effect the provisions of the Act. By Rule 3, insofar as it is relevant it is provided : (2) Any person desirous of erecting a cinema or converting existing premises into a cinema shall first make public his intention to do so by exhibiting a notice in Form A on a board on the proposed site in such a position that it can be plainly seen from the public thoroughfare upon which the site of such proposed cinema abuts. (3) Such person shall also give a similar notice in w .....

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..... e District Magistrate is exercisable on satisfaction of that officer of certain objective conditions and is plainly quasi-judicial. But exercise of power by the Licensing Authority to grant a licence is still made subject to the control of the State Government. It is unnecessary for the purpose of this case to express any opinion on the propriety or validity of provisions making exercise of quasi-judicial power subject to the control, at the stage when it is exercised, of the executive. 6. From the affidavit filed on behalf of the State Government it appears that the only grounds of objection to the grant of the 'no objection certificate' was that contrary to the terms of Rule 89 the respondents had constructed the annexe before the State Government considered their application for a no objection certificate It appears however from the report of the Licensing Authority that plans of the building intended to be constructed complied with the rules framed under the Act and the building constructed did not contravene the provisions of the Act and the Rules. Rule 89 authorises the Licensing Authority to allow conversion of an existing building into a cinematograph theatre .....

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..... Licensing Authority under the instructions of the State Government informed the respondents that application for constructing a permanent ''annexe'' near the present Krishna Cinema and for obtaining a 'no objection certificate' is not admissible . The building had been constructed several months before the date on which that letter was written. The contents of the letter create an impression that in the view of the authorities the building had still to be constructed. It is clear that the authority did not apply its mind to the application. It did not consider whether a building which was already in existence should be allowed to be converted into a cinematograph theatre. 10. In dismissing the appeal preferred to the State Government it was recorded that the Government did not see any reasons to change the decision already taken by the District Magistrate and that decision was communicated to the respondents by letter dated July 9, 1964. The order of the State Government which is a reaffirmation of its original decision communicated through the Licensing Authority gives no indication that the objections raised in the memorandum of appeal were consider .....

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