Mian MUHAMMAD NURULLAH AND 2 OTHERS vs DISTRICT MAGISTRATE, — 1970 SCMR 214

Citation: 1970 SCMR 214

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Mian MUHAMMAD NURULLAH AND 2 OTHERS vs DISTRICT MAGISTRATE, JUDGMENT

Headnotes

Case cited as 1970 SCMR 214

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title:Mian MUHAMMAD NURULLAH AND 2 OTHERS vs DISTRICT MAGISTRATE, JUDGMENT Reported As: 1970 SCMR 214 Result: Order accordingly Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal by special leave is directed against the judgment of a Division Bench of the High Court of West Pakistan, Lahore Seat, dismissing a petition under Article 98 of the Constitution of 1962. The said petition was filed to challenge the validity of a "No-Objection Certificate" granted by the Provincial Government on the 17th May 1968, to the respondent No. 4 herein for the construction of a Cinema House on Khasra Nos. 878 and 879 of the Pakki Thathi Area of Lahore. The appellants who are residents of the locality, sought to challenge the validity of the Certificate on the following grounds :- (i) That the said respondent No. 4 had deliberately omitted to show, on the site plan submitted by him, two mosques and a school which were situated within a radius of 200 yards of the site on which the Cinema was proposed to be constructed, in deliberate contravention of rule 5 of the West Pakistan Cinematograph Rules, 1962 ; (ii) that apart from the two mosques and school there were some more mosques and a girls' school in the vicinity of the site ; (i.e) that the construction of the Cinema will be a continuous source of nuisance to the residents of the locality ; (iv) that the authorities concerned had…

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