Judgment

DESAI, J.:- Respondent Raja Ram Jaiswal along with the members of his family (respondent for short) purchased premises No. 26/30, a plot of land with a small structure standing on it admeasuring 2978 sq., yds. situated at K. P. Kakkar Road, somewhere in March, 1970. The respondent desired to construct a cinema theatre on the plot of land after demolishing the existing structure. As a first step, he got prepared, the plans for a modern air-conditioned, sound-proof cinema building and got the same approved by the Local Municipal Corporation and the District Magistrate, Subsequently, on July 6, 1971, the respondent submitted an application as required by Rule 3 of the U. P. Cinematograph Rules, 1951 (1951 Rules for short) to the District Magistrate for obtaining a certificate signifying his approval of the site selected for constructing a permanent building to be used for cinematograph exhibition. Before granting the requisite certificate the District Magistrate as the Licensing Authority has to be satisfied that the requirements of the 1951 Rules have been fully complied with. Inter alia it must be satisfied that any. recognised educational institution (other than primary sch