SURENDER RAJ JAISWAL Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed with the following prayer:

(2.) By the aforesaid impugned order, dated 29th January 2011, passed in Memo No. 9609/UC.III/1/2009-11, the Government has rejected the claim of thePetitioners, seeking permission to construct a multiplex theatre-cum-shopping complex in the place of the existing cinema theatre.

(3.) ThePetitioners are the owners and possessors of the premises bearing No. 3-5-6061/1, 1061, 1062 and 3-5-1062, admeasuring an extent of 4550 sq. metres of land and structures, situated at Narayanguda in Hyderabad Urban agglomeration. The said premises is being used for running a cinema theatre, namely, 'Deepak Mahal Cinema'. On the advent of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, thePetitioners have filed declarations declaring various extents of land held by them along with their father. They also filed an application before the Government, seeking grant of exemption from Chapter-III of the Act, with regard to the aforesaid property, for running a cinema theatre. On the application of thePetitioners, the Government has called for a report from the Commissioner of Land Reforms and Urban Land Ceiling, and thereafter, vide G.O.Ms. No. 1117, dated 13.07.1981, granted exemption, exempting an extent of 4550 sq. metres of land bearing MCH. No. 3-5-6061/1, 1061, 1062 and 3-5-1062, subject to condition that the said land should be utilized only for the purpose of running a cinema theatre, and subject to further conditions, which read as under: