MUNICIPAL CORPORATION OF DELHI Vs. DEPUTY COMMISSIONER OF POLICE LICENSING
LAWS(SC)-1994-9-98
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on September 30,1994

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
Deputy Commissioner Of Police Licensing Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The notification under the Cinematograph Act, 1952, issued by the Lt. governor of the National Capital Territory of Delhi, published in the Gazette, dated 3/5/1994, has been placed before us. Rule 2 mentions that: "2.Amendment of Rule 2. In the Delhi Cinematograph Rules, 1981 [ (hereinafter called the 'principal Rules' in Rule 2 for the existing clause (2], the following shall be substituted: 'Local body in relation to the licensing of any place for cinematograph exhibitions, means Municipal Corporation of Delhi, Delhi Development Authority, New Delhi Municipal Committee, Cantonment Board, as the case may be in whose jurisdiction the place for cinematograph exhibitions, situates. ' "
(3.) In view of this, the controversy that was focussed on the original side of the High court as to who is the competent local authority, has been resolved. In the cases at hand, it is an admitted fact that the place of cinematograph exhibition in which the cinema building is being constructed is situated within the area of the control of the Delhi Development Authority (DDA). By virtue of the aforesaid amendment, the licensing authority would, therefore, be required to consult the DDA instead of PWD as per the existing rules.;


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