JUDGMENT

Pathak, J. - By this and the connected petition under Article 226 of the Constitution the petitioners pray that the order relaxing the operation of-Rule 7 (2) (a) (i) and the consequent grant of it certificate under Rule 3 (3) of the U. P. Cinematograph Rules, 1951 in favour of the third respondent be quashed and the State of Uttar Pradesh and the District Magistrate, Agra, be directed not to allow the third respondent to construct a Cinema Hall on the site.

2. The facts briefly are these.

In the Cantonment of Agra lies a piece of land with a building constructed to one side of it. The premises are known as No. I Gwalior Road, and are owned by the third respondent, Messrs Alopi Prasad and Sons (Private) Ltd. The compound is bounded on the one side by Ajmer Road and on the other by Gwalior Road. Behind this land lies the compound of St. Anthony's Day School. Across the Gwalior Road and somewhat to one side lies the compound of St. George's High School.

3. The third respondent decided upon the construction of a modern air- conditioned cinema hall in the premises No. 1, Gwalior Road, the construction being intended on that part of the land immediately facing Gwalior Road. On June 6, 1959 an application was made to the Military Estates Officer, Agra for his sanction for the grant of a lease of the land for the purposes of constructing the Cinema Hall. The Commander of the Station Headquarters, Agra Cantonment, by his letter dated June 29, 1960, declared that he had no objection to the construction of an air-conditioned Cinema hall in the compound of the said premises. Objection was raised by the petitioners, St. George's High School and St. Anthony's Day School, and it appears that an attempt was made by the third respondent and the military authorities to resolve the objections. On November 1, 1961 the Brigade Station Commander wrote to the Head Quarters, Meerut Sub-Area, stating that St. George's High School was situated across the Gwalior Road and that the third respondent had formally agreed to comply with a number of conditions, among them being that they would raise the height of the wall of the cinema compound up to 9 feet, that the cinema hall would be sully air-conditioned and sound proof, that proper space would be provided for car parking within the cinema compound and that in case the third respondent failed to comply with any of those conditions the Station Commander would have the right to forbid the functioning of the cinema. He recommended that the third respondent should he permitted to build a cinema hall. On July 23, 1964 the third respondent wrote to the District Magistrate, Agra pointing out that both St. George's High School and St. Anthony's Day School functioned throughout the year up to 1.30 p.m. only and the operation of the cinema would not interfere with the functioning of the schools, and that as it was proposed that the building should be sound proof and air conditioned he prayed that the authorities might relax the operation of Rule 7 of the U. P. Cinematograph Rules 1951. The District Magistrate by a letter dated August 12, 1964 recommended the case of the third respondent to the State Government and pointed out that as the cinema hall would be air-conditioned and sound proof and a proper parking place would he provided he had no objection to the grant of exemption from the operation of Rule 7 (2) (a) (i). Then on May 30, 1967 he wrote. again to the State Government indicating the desirability of relaxing the restrictions contained in Rule 7 (2) (a) (i) . On September 27, 1967 the State Government wrote to the District Magistrate stating that the Governor was pleased to relax the provisions of Rule 7 (2) (a) (i) in respect of the cinema building to be constructed by the third respondent on Gwalior Road. Accordingly, on November 27, the Additional District Magistrate issued a certificate in favour of the third respondent according permission under Rule 3 (3) for the construction of the cinema