- (1.) The question here is whether an order should issue under S. 45, Specific Relief Act, against the appellant who is the Commissioner of Police, Bombay.
(2.) The respondent, Gordhandas Bhanji, wanted to build a cinema house on a plot of land at Andheri in the year 1945. At that date Andheri did not form a part of Bombay and under the rules then in force it was necessary to obtain permission from the District Magistrate of that area in the form of a No Objection Certificate. Accordingly, the respondent made the necessary application on 12th September 1945. Permission was refused on 30th September 1945 on the ground that the public of the locality objected and also because there was already one cinema theatre at Andheri and so it was not necessary to have another "for the present."
(3.) On 1st October 1945, Andheri became a part of Greater Bombay and the jurisdiction to grant or refuse a license was transferred to the Commissioner of Police, Bombay. The respondent accordingly put in a second application on 21st November 1945 and addressed it to the Commissioner of Police. After some correspondence this was also turned down on 19th March 1946 "owing to public opposition." Nothing daunted, the respondent applied again on 1st April 1946 and asked for a "reopening" of his case. One of the grounds given was that "The Government of Bombay are giving very careful attention and affording all reasonable facilities to develop the Greater Bombay into a model one. A modern cinema, therefore, of the type I propose to build is indispensable." In view of that, not unnaturally, the Commissioner of Police appears to have consulted the Government of Bombay, for he wrote to the respondent on 25th April 1946 saying that - "the whole question of considering and approving sites for cinemas is under the consideration of the Government of Bombay," and he promised that "when a decision is arrived at, your application will be examined.";