AMRELI VISTAR KADVA PATEL GNATI KELAVANI PRACHAR MANDAL SNCHALIT VIDYARTHI ASHRAM Vs. DISTRICT MAGISTRATE AMRELI

JUDGEMENT

(1.) The respondents Nos. 2 to 4 applied on 4th November 1972 to the District Magistrate Amreli for a no-objection certificate under the Bombay Cinema Rules 1954 in order to enable them to construct a permanent cinema theatre on plots Nos. 6 7 and 8 of S. N. 2770 2771 and 2772 of Amreli town. Public notice of that application was issued by the District Magistrate. The petitioner runs a Students Home on neighbouring plots Nos. 11 12 and 13. It houses about 60 to 70 students. He therefore objected to this proposal and lodged written objections with the District Magistrate on 29th November 1972. The distance between the proposed site for the cinema theatre and the Students Home is about 20 feet. In fact only 20 feet wide road runs between them. The petitioner was not heard in the matter. On 10th April 1973 the District Magistrate granted to the respondents Nos. 2 to 4 the No-Objection Certificate. Fifty four students also objected to this proposal. The petitioner challenged the order grant- ing the No-Objection Certificate in a revision application which he filed before the State Government in June 1973. The State Government dismi- ssed it on 3rd November 1973

(2.) The petitioner has thereupon filed this petition.

(3.) Mr. Parekh appearing for the petitioner has raised before us the following contentions:-