CINE EXHIBITION ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER is an Association of Cinema Exhibitors having been formed by the owners of various cinema exhibitors, owners and operators of cinema exhibition halls/theatres in the city of Nagpur. The purpose of formation of the Association as is clear from the contents of the petition appears to be exposing the cause of its members. Petitioner has apoached this Court challenging the action of the respondents on multiple grounds permitting the respondent No. 4 by the respondents 1 to 3 to establish and operate cinema theatre/multiplex on plot No. 91, Mouza Lendra, ramdaspeth, Nagpur.

(2.) RESPONDENT No. 2 Nagpur Improvement Trust is an authority constituted under the Nagpur Improvement Trust Act, 1936 (hereinafter referred to as the 'the NIT Act' for the purposes of brevity ). Respondent No. 3 is the commissioner of Police who is also a Licensing Authority empowered with other ancillary powers under the Maharashtra Cinemas (Regulation) Rules, 1966 (hereinafter referred to as 'cinema Regulation Rules' for the purposes of brevity ). Respondent No. 4 is a Company registered under the Companies Act and being looked after by its Chairman and Managing Director. The site in dispute in Kh. No. 91 of Mouza Lendra Ramdaspeth, Nagpur situated on North ambazari Road of the city. Undisputedly the land falls well within the jurisdiction of Nagpur Improvement Trust for the purpose of its utilization, development and other activities thereon.

(3.) NAGPUR Improvement Trust has come into existence with an idea of making appropriate provisions for improvement and expansion of the city of nagpur. Planned development of the city providing all amenities and allied activities is a duty cast on the Improvement Trust.