- (1.) This writ petition is by the Jaipur Cinema Karmchari Union (for short, the Union) of Amber Cinema which was in existence since February, 1974 and was exhibiting films but now it has been closed and has been converted into commercial complex. The Union has challenged the decision dated January 24,1990 by the Jaipur Development Authority, Jaipur (for short, the JDA) under which the JDA has approved the commercial complex at Sansar Chandra Road, of Goenka Exhibitors Pvt. Ltd. respondent No. 2. The respondent No. 2 used to run a cinema in the aforesaid building but had sought the approval for establishment" of commercial complex and the said approval was accorded as aforesaid. The petitioner Union claimed that the management of the cinema be handed over to it and further that the members of the petitioner union as well as the employees of the canteen and restaurant should be continued to be the employees of the respondent No.2 and direction may be given to that effect.
(2.) According to the petitioner-Union when the cinema was in operation and 100 persons were functioning, but a notice dated February 10, 1990 was published in 'dainik nav Jyoti' dated February 11, 1990 and under it, it was not notified that the Board of Directors of respondent No. 2 Goenka Exhibitors (P) Ltd. Proprietor of Amber Cinema, has decided that the work of cinema being uneconomical, the cinema is closed w.e.f. February 10, 1990 and the employees were called upon to get their accounts settled from the office and their termination orders and compensation amount was ready to be paid. On enquiry the petitioner-union came to know that the JDA in its 146th BPC (Building Plan Committee) meeting held on January 24,1990, took a decision to approve the proposed commercial complex at Sansar Chandra Road by the respondent No. 2. As a result of the aforesaid decision the Union apprehended that the cinema building will be demolished and commercial complex shall be raised on the same.
(3.) According to the petitioner union there is a Master Plan of Jaipur in operation which was published vide notification of the Government of Rajasthan bearing No. F. 1(6) TP/72 dated June 4, 1976 published in Rajasthan Gazette dated June 10, 1976, and it was prepared under the provisions of the Rajasthan Urban Improvement Act, 1959 (for short, the UIT Act). According to the petitioner union after the constitution of the JDA under the provisions of the Jaipur Development Authority Act, 1982 (for short, the JDA Act) as provided under Sec. 27 of that Act, the Master Plan prepared by the UIT became the Master Plan prepared under the provisions of the JDA Act and was to remain in operation after the preparation of new Master Plan by the JDA Act. In the Master Plan the land use has been shown and the provisions of JDA Act for making modification in the Master Plan have not been complied with. The petitioner-union has challenged the alleged change of the land use from cinema to commercial complex.;