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2001 Supreme(All) 758

SUDHIR NARAIN, V.M.SAHAI
ARVIND KUMAR AGRAWAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Shashi Nandan

SUDHIR NARAIN, J.

( 1 ) THE petitioner has challenged Clauses 7 and 8 of the Government order dated 12. 6. 2001, whereby certain relaxation in regard to the constructions of cinema halls has been given to the persons raising constructions on complying with certain conditions.

( 2 ) THE petitioner is running the business of Basant cinema since 1969 and is also running Ganga cinema since the year 1987. Both the aforesaid cinema halls are situated at Thana Bhawan, district Muzaffarnagar.

( 3 ) RESPONDENT No. 3 applied to the District Magistrate/licensing Authority for construction of cinema halls. He has granted permission to him to construct cinema halls. The grievance of the petitioner is that the site of the cinema hall which is to be constructed by respondent No. 3 is hardly at a distance of 3 kms. from Basant Cinema and 3. 5 kms. from Ganga Cinema and it will affect the business of the petitioner for two reasons, firstly it is near to the cinema hall of the petitioner and secondly the cinema halls, which are to be constructed, will get tax exemption.

( 4 ) THE State Government has issued various Government orders framing the policy when the licensing Authority is to grant permiss









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