However, so far as the present matter is concerned, it has to be held that the construction of theatre by Respondent No. 3 in CTS No. 417 is within the prohibited area. He had no authority to construct such theatre. He has faulted the provisions of the M.R.T.P.Act and the M.M.Act. There was no valid permission for construction of the theatre. No permission could have been granted for construction of the theatre by the Municipal Council, Rahuri. Furthermore, even taking into consideration the provisions of section 5(b) of the Cinema Regulation Act, no licence can be issued for having a cinema theatre in that building, because it is not safe place to have cinema theatre. In such circumstance, the licence has to be revoked. So also, the building has to be demolished.{Para 67}
68. The learned Counsel for Respondent No. 3 has argued that this floodline is only imaginary line. No proper survey was made before drawing the floodline. There were no floods since 1947 in the area, where the floodline is provided for; and in such circumstances, merely on technicalities, the reliefs sought in the writ petition should not be allowed. However, we do not agree with this argument. It is amply brought on record that the concerned authorities had taken the survey, especially by the Engineers of the Irrigation Department. The Government also considered the matter on every aspect; and though at one stage, the Government was thinking of removing the floodlines, after reconsideration of the entire matter, decided to retain the floodlines and then the Notification of 1981 was issued. It is a precautionary measure taken by the Government for the safety of the residents of Rahuri town. There were no floods in the past, that does not mean that the precautionary measures be thrown to winds. The construction is unauthorised construction and it has to be treated like that.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY(AURANGABAD BENCH)
V.K. BARDE AND D.S. ZOTING, JJ.
Vithal Ramchandra Devkhar & Anr. Vs. The State Of Maharashtra & Ors.
Writ Petition No. 187 of 1989
18th January, 2001
Citation: 2001(3) ALL MR 872
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