Dr. A. Josephine vs The Govt. Of A.P., Home (Gen.) Dept., ... on 16 June, 1993
Similar point arose in a slightly different manner before a learned single Judge of this Court K. Amareswari, J. in Ch. Ananda Rao v. Joint Collector, West Godavari, 1985 (1) APLJ 295. In the said case, an application was filed by the writ petitioner therein for permission to construct a cinema theatre in R.S.No. 18/2A-1 of Gavaravaram village, Eluru Taluk, West Godavari District to the licensing authority under "The Act". Licensing authority accorded permission. However, he has not called for the report from the Director of Town Planning under the impression that the area proposed for construction is not covered by town planning scheme. In fact, it was covered. Principal of St. Therisa's College, Eluru submitted a representation to the effect that the area is covered by town planning scheme and the site on which the construction was proposed falls within he residential zone which prohibits such construction etc. On the said representation, the licensing authority directed the petitioner therein to stop further construction stating that the permission already granted was illegal in view of the fact that the Director of Town Planning was not consulted as required by Rule 9(2) of the Rules. Challenging the said order, writ petition was filed which was disposed of by the learned Judge. The contention raised before the learned Judge was that having regard to the fact that Section 6 excludes the operation of certain Acts enumerated in the said section, consultation with the Director of Town Planning is only directory and not mandatory. While dealing with the said contention, the learned Judge stated that Rule 9 "is designed to ensure construction in accordance with the master plans in case of localities covered by town planning schemes where land is divided into commercial, industrial and residential zone etc." The learned Judge further held that "the Director of Town Planning will be in the know of things so far as the town planning schemes are concerned. He will be the proper authority to advise and recommend whether permission can be granted for construction of theatres. The Licensing Authority under the Cinematographs Act is therefore required to obtain the report as otherwise, permission granted under this Act may come in conflict with the zonal uses prescribed under the Town Planning Act". Therefore, the learned Judge was of the opinion that the application submitted to the licensing authority under this Act for construction or reconstruction of a cinema theatre should also be in conformity with the zoning regulations, schemes and the rules and bye-laws made under the different enactments enumerated in Section 6. In other words, the learned Judge was of the opinion that the application must be in accordance with the law i.e., not only in accordance with the provisions of "The Act" and "The Rules" made thereunder, but also be in conformity with the provisions of the Acts mentioned in Section 6 and Rules and bye-laws made thereunder.