Judgment

SHAH, J.;- The respondents in this appeal carry on the business of exhibiting cinematograph films in a theatre named Krishna Cinema at Rajkot. On a plot of land adjacent to the Krishna Cinema the respondents desired to construct "an annexe" for exhibiting foreign films with independent screen and auditorium. On May 14, 1963 the respondents applied to the District Magistrate (who is the Licensing Authority under the Bombay Cinemas (Regulation) Act 11 of 1953) for a no objection certificate to the user of the "annexe" to be constructed on the site for exhibiting cinematograph films. On the same day they submitted to the Executive Engineer plans of the proposed building of "annexe" to be used as a cinematograph theatre. They also applied to the local Municipality for leave to construct a building to be used for cinematograph theatre. The Municipality sanctioned construction of the building. The Executive Engineer also signified his assent by letter addressed to the Additional District Magistrate to the grant of a "no objection certificate".

2. By an application submitted on May 14, 1963 the respondents prayed that "no objection certificate under the Bombay Cinemas (Regulation