DINUBHAI MOTIRAM VYAS Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners who are the Managers of two Cinema theatres, have challenged the validity of Rule 126 of the Bombay Cinema Rules 1954, on the ground that it violates the fundamental right of the petitioners under Articles 14, 19(1)(g) of the Constitution of India. They have also challenged the orders of the Commissioner of Police, Ahmedabad City, made on 30th August, 1982, as per Annexures "F" and "G" to the petition, rejecting their applications for permission to have "pan beedi gallas" in the premises of these two cinema theatres.

(2.) Rule 126 of the Bombay Cinema Rules, 1954 provides that no cinema premises shall be used for any purpose other than the exhibition of Cinematograph films except with a previous permission in writing of the Licensing Authority. According to the petitioners, the words "cinema premises" in Rule 126 refer to the building and not to the land surrounding the building. Therefore, the provisions would not apply to pan-beedi gallas which are situated in the compound of the cinema theatre and not in the building of the cinema theatre. The case of the petitioners is that if Rule 126 takes within its sweep the power to curtail business activity outside the cinema building, that would constitute an unreasonable restriction on the fundamental right of the petitioners to carry on business in the compound of the cinema theatre.

(3.) It appears that the petitioner No.1 had made an application on 2nd August, 1982 for permission for `pan-beedi galla' in the premises of "Ajanta Ellora" cinema. That application which was made under Rule 126 of the said Rules was rejected by the Commissioner of Police on the ground that the pan-beedi-cigarette galla in `Ajanta Ellora' double decker cinema was situated inside the premises immediately close to the entry gate and that for the vehicles coming from Income-tax circle side the turning into the entry gate of Ajanta Ellora cinema was such that the people collected at the pan-bidi cigarette galla would not be visible from the road while taking the turn and this would cause traffic hazards resulting in accidents. The Police Commissioner therefore, found that the location of the galla was such that it could not be permitted under Rule 126, in the interest of safety of the people frequenting the twin cinema. The permission was therefore, refused.