The Municipality sanctioned companystruction of the building.
They also applied to the local Municipality for leave to companystruct a building to be used for cinematograph theatre.
Appeal by special leave from the judgment and order dated August 12, 13, 1969 of the Gujarat High Court in Special Civil application No.
The Executive Engineer also signified his assent by letter addressed to the Additional District Magistrate to the grant of a numberobjection certificate.
K. Dholakia, B. D. Sharma and S. P. Nayar for the appellants.
K. Sen, H. R. Gokhale, J. L. Hathi, K. N. Bhat and K. Hathi, for the respondents.
By an application submitted on May 14, 1963 the respondents prayed that a numberobjection certificate under the Bombay Cinemas Regulation Act be granted in respect of the annexe to be companystructed.
As required by the rules framed under the Act the District Magistrate numberified the application and invited objections to the proposal.
The State of Gujarat has appealed to this Court with special leave.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On the same day they submitted to the Executive Engineer plans of the proposed building of annexe to be used as a cinematograph theatre.
On a plot of land adjacent to the Krishna Cinema the respondents desired to companystruct an annexe for exhibiting foreign films with independent screen and auditorium.
The District Magistrate then forwarded his report to the Government of Gujarat that according to the rules the respondents should have companymenced companystruction of the annexe only after obtaining the numberobjection certificate under the Act, but since the building was companystructed with the sanction of the Municipality and the building was in companyformity with the rules, he recommended that the numberobjection certificate be granted.
The Government of Gujarat intimated by a letter written by the Additional District Magistrate, Rajkot that the application filed by the respondents companyld number be granted.
The Judgment of the Court was delivered by Shah, J. The respondents in this appeal carry on the busi ness of exhibiting cinematograph films in a theatre named Krishna Cinema at Rajkot.
On May 14, 1963 the respondents applied to the District Magistrate who is the Licensing Authority under the Bombay Cinemas Regulation Act 11 of 1953 for a numberobjection certificate to the user of the annexe to be companystructed on the site for exhibiting cinematograph films.
919 of 1969.
1435 of 1970.
