GEETA BAJAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Article 226 of the Constn. of India for issue of appropriate writ, order or direction to the State of Rajasthan, Gyan Devi, Collector, Jaipur and the Improvement Trust Jaipur (respondents 1, 2, 3, and 4 respectively), to prevent Gyan Devi from constructing a cinema building on her plot of land, measuring 3012.13 square yards, situate at Moti Doongri Road, Jaipur. The exact relief claimed against each of the respondents will be mentioned a little later in the context of the restatement of the pleadings of the parties which may be given here as follows.

(2.) Gyan Devi purchased two adjoining plots of land measuring 3012.13 square yards in all situate at Moti Doongri Road Jaipur, in Nov. 1970. On Dec. 8, 1970, she made an application under Section 5A, Raiasthan Cinemas (Regulation) Act, No. XXX of 1952, hereinafter to be referred to as the Act for the grant of a "no objection certificate" for the construction of a cinema on the aforementioned land. The Collector, Jaipur (respondent 3), who also happens to be the District Magistrate of the area and as such, the authority empowered to grant licenses under the Act, and who will hereinafter be referred to as the licensing authority, passed an order, dated June 16, 1972, rejecting the said application and consequently refusing to grant the "no objection certificate", applied for. The application was rejected on the grounds that the site proposed for the construction of a cinema building is situate in a thickly populated area close to a children's school.

(3.) Aggrieved by the decision of the licensing authority. Gyan Devi appealed to the Commissioner for Home Affaire, Rajasthan. By his order dated Oct. 24, 1972, the Commissioner affirmed the order of refusal made by the licensing authority and dismissed Gyan Devi's appeal. She challenged these orders by way of a writ petition (Civil Writ Petn. No. 100 of 1973). By its judgment, dated Feb. 23, 1974, this Court (M.L. Joshi, J.) allowed the writ petition, quashed the impugned orders refusing to grant the "no objection certificate" to Gyan Devi and remanded the case to the licensing authority, directing him to decide the matter afresh in the light of Rule 16 of the Rajasthan Cinemas (Regulation) Rules, 1959, (hereinafter to be referred to as the Rules) and the observations made in that judgment.