G.M.Lodha, J. - (1.) This writ petition has been filed against the order of the Collector, Jaipur, dated 25th May, 1976 by which the petitioner Smt. Gyan Devi's application for grant of 'no objection certificate' under the Rajasthan Cinemas (Regulation) Rules, 1959, has been rejected.
(2.) Briefly stated, facts giving rise to this writ application are, that the petitioner Smt. Gyan Devi purchased two plots of land from Shri Himmat Singh Baid by two registered sale-deeds dated 23-11-70 and 24-11-70 for Rs. 44,999/-and Rs. 48,999/- respectively. These two plots are adjacent to each other and they both together measure 3012.13 Sq. Yds. on Moti Dungri Road, Jaipur City. On 8-12-1970 an application was made by her for grant of 'no objection certificate' for the above site to the Licensing Authority i.e. Collector and District Magistrate, Jaipur. This application was ultimately not accepted and an appeal filed before the Home Commissioner was also rejected. The petitioner then filed Civil Writ petition No. 100 of 1973 in the High Court. The writ petition was contested by the respondents and ultimately this Court by its detailed judgment dated 23-2-1974* accepted the writ application. The main points canvassed before this Court in the earlier writ petition related to the interpretation of Rule 16. While accepting the writ application, this Court clearly laid down the following: "From the plain reading of Clause (a) (1) it appears that the restriction is confined in regard to a site which is within a radius of one furlong from any hostel or boarding house which is attached to any recognised educational institution which may be either a college or a high school or a girls school. Clause (a) (1), therefore, presupposes the existence of a residential Institution which might be attached to a recognised institution as specified in that clause." "From the facts which have been brought on the record it appears that there is a Bal Mandir School but there is no residential institution attached to the school." "The finding that teachers reside in the Bal Mandir, is based on no evidence." "Clause (a) (1), therefore, cannot operate as a bar to the grant of 'no objection certificate'. So far as Clauses (a) (ii) and (a) (iii) are concerned, they have no relevance nor these clauses have been relied upon by the respondents. As stated earlier, Clause 16 (1) (a) cannot be attracted in this case as there is no residential institution attached to a recognised institution as contemplated by that clause, Mere existence of an educational institution by itself is not relevant ground to attract the provisions of Rule 16 (1) (a) which lays stress upon the existence of a residential institution and that, too, must be attached with a recognised institution. Therefore, Rule 16 (1) (a) of the Rules cannot operate as a bar to the petitioner. The act of authorities disposing the application for grant of 'no objection certificate' is quasi- judicial which has to determine the application objectively. Rule 16 envisages the existence of a residential institution at the time when the decision is taken and does not warrant the objective determination on the basis of a new contingency which may or may not take place." "The report of the Town Planner, P.W.D. and Municipality on the point of thickly populated locality do not clinch the issue. Clause (b) comes into operation only when a locality is thickly populated." "The term 'thickly populated locality' cannot be equated to predominant residential locality. The finding of the Licensing Authority on the point of thickly populated locality must be a finding based upon some evidence. The orders of the District Magistrate and the Home Commissioner do not come to the norm of a quasi judicial determination so far as the point of thickly populated locality is concerned and they are not in conformity to Rule 16. The case is sent back to the District Magistrate for giving a fresh decision in the light of Rule 16 of the Rules and observations made above."
(3.) These are the findings which were given earlier by Hon'ble Justice Joshi.;