MAHEBOOBBHAI JALALBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition the petitioner who is owning a cinema house at Kheda challenges the Bombay Cinema (Gujarat Amendment) Rules 1979 Cinema houses in this State are regulated by the Bombay Cinema (Regulation) Act 1953 Under that Act Bombay Cinema Rules 1954 have been made. The Act and the rules contemplate two kinds of cinemas-permanent cinemas and touring cinemas. By amendments made in 1979 to the Bombay Cinema Rules a third kind of cinema house has been permitted to be established. It is Janata cinema. Rule 2 (ddd) defines Janata Cinema in the following terms:- Janata Cinema means a cinema erected after the commencement of the Bombay Cinema (Gujarat Amendment) Rules 1979 and located in a village or a town the population of which as ascertained at the last preceding census is not more than 30 000

(2.) This definition makes it clear beyond any doubt that in small towns and villages having population of not more than 30 0 Government has planned the encouragement of Janata Cinemas. The definition further makes it clear that all cinema houses which may in future be constructed at such places will be Janata Cinemas. Obviously therefore all such cinema houses will be treated alike. The question of hostile discrimination amongst such cinema houses which may be constructed in future at such places therefore does not arise. Such places are likely to have existing cinema houses also. They will be distinct from Janata Cinemas which may be constructed in future. Ordinarily the question of discriminating between the existing cinema houses and Janata cinemas which may come into existence in future will not arise because whereas the existing cinema cinema houses were constructed under the Rules which were in force at the relevant time Janata cinemas will be constructed under the rules now in force. It is always open to the Government to modify its policy from time to time without discriminating between persons who are similarly situate.

(3.) Mr. Nanavati has however argued that certain amendments generate in future discrimination between the existing cinema houses and the Janata cinemas which may be constructed in future. In this judgment we are referring to the existing cinema houses as non-Janata cinema as distinguished from Janata cinemas which may come into existence in future. Let us therefore examine the scheme of the Amendment Rules in that light.