KEMPAIAH & ORS. Vs. DISTRICT MAGISTRATE, BANGALORE & ANR

JUDGEMENT

(1.) In this petition, under Art. 226 of the Constitution, the petitioners have challenged the order, dated 23-10-1978 of the District Magistrate, Bangalore, (hereinafter referred to as the 'D.M.') in case No. MAG (2) 19178-79 (Exhibit C).

(2.) On 14-10-1974 respondent No. 2 applied to the D.M. for giant of a no objection certificate (hereinafter referred to as the 'N.o.C') for running a touring cinema. on a portion of the land bearing S.No. 95',8 measuring 160' x 80' under the provisions of the Karnataka Cinema (Regulation) Act (hereinafter referred to as the 'Act') and the Karnataka Cinema (Regulation) Rules of 1971 (hereinafter referred to, as the Rules) framed thereunder. As required by the Act and the Rules the D.M. notified the application made by respondent No. 2 and invited representations and objections, in pursuance of which sonic of the petitioners and a few other residents of the town filed their objections opposing the grant of N.O.C. sought by respondent No. 2. As there was no permanent or a touring cinema in the town then running, a large number of the residents of the town and adjoining villages filed representations before the D.M. urging for the grant of 1\ O.C and a touring cinema. On 19-4-1975 the D. M. inspected the area, heard respondent No. 2, objectors and. representations. On consideration of the reports received from the various local officers and the facts ascertained by him at the, inspection of the place, the objections and representations made thereto the D.M. by his order, dated 19-4-1975, overruled the objections filed by the petitioners and others and directed the grant of N.O.C. to respondent No. 2 on the terms and conditions set out in his order. On the basis of the N.O.C. obtained by him respondent No. 2 after obtaining the necessary license from the Municipality constructed a touring cinema on the, area and on 10-6-1975 applied to the D. M. for issue of a license for exhibiting films in the talkies constructed by him. On the application, the D.M. directed the, Tahsildar, Bangalore South Taluk to inspect theta building and the area and report whether the construction of the building conformed with the conditions of the N.O.C., the Act and the Rules. On 18-6-1975 the Tahsildar inspected the talkies and the area and submitted his report on 20-6- 1975. On a consideration of the report submitted by the Tahsildar, the D.M being satisfied that the construction of the talkies was in conformity with the N.O.C., the Act and the Rules, granted a license to respondent No. 2 an 25-6-1975 to be valid from 25-6-1975 to 8-6-1976. In pursuance of that license respondent No. 2 commenced exhibiting films in the talkies from that day and in any event from the next day. On the expiry of the original license granted, respondent No. 2 has been obtaining renewals of the license from time to time and was continuously exhibiting films.

(3.) Unfortunately for respondent No. 2, on 11-7-1978 there was a fire accident and the touring talkies was reduced to ashes. With no alternative left, respondent No. 2, thereafter approached the i D.M. for permission to reconstruct a touring cinema at the same place on the sane terms and conditions on which he had earlier permitted the; construction of the touring cinema. At that stage some of the petitioners and a, few others intervened before the D.M. by filing written applications opposing the application made by respondent No. 2. In view of the intervention of the petitioners and several others, the D. M. an called for reports, inspected the area on 30-6-1978, heard respondent No. 2, petitioners and others. On a consideration of all the relevant factors, the, D.M. by his order, dated 23-10-1978 (Ext. 'C') has granted permission to respondent No. 2 to rebuild the touring talkies that was burnt in July 1978 subject to certain conditions stipulated in his order, the validity of which is challenged by the petitioners and others. Before noticing the contention:. it is useful to notice the earlier proceeding in relation to the N.O.C. and the licenses granted from time to time to respondent No. 2.