1974 (8) TMI 111 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the Municipal Council's resolutions dated 11 June 1970, 18 June 1970, and 19 June 1970.
2. Compliance with the Madras Town Planning Scheme and the Madras Place of Public Resorts Act, 1888.
3. Authority of the Municipal Council under the Mysore Municipalities Act.
4. Right of the appellant to challenge the resolutions and the legal implications of statutory duties.

Detailed Analysis:

1. Validity of the Municipal Council's Resolutions:
The Supreme Court reviewed the High Court's decision to quash three out of four resolutions passed by the Municipal Council. The resolutions in question were:
- 11 June 1970: Granted a licence to exhibit cinematographic films.
- 18 June 1970: Imposed conditions on the granted licence.
- 19 June 1970: Granted permission for the installation of electric motors and an oil engine.

The High Court invalidated these resolutions on the grounds that the Municipal Council had no power under the Madras Place of Public Resorts Act, 1888, as it had ceased to be in force. Additionally, the High Court found no provision under the Mysore Municipalities Act authorizing the installation of electric motors and oil engines for cinema purposes.

2. Compliance with the Madras Town Planning Scheme:
The High Court found that the Municipal Council's resolutions violated the Madras Town Planning Scheme. Specifically:
- Clause 15: Restricts business premises, including cinema theatres, to designated areas and requires approval from the responsible authority and the Director of Town Planning.
- Clause 14: Limits the use of areas to residential purposes unless specific permissions are granted for other uses.

The High Court rejected the respondents' contention that the scheme had lapsed after 20 years, affirming that the scheme was still in force and applicable.

3. Authority of the Municipal Council under the Mysore Municipalities Act:
The High Court determined that the Municipal Council did not have the authority under the Mysore Municipalities Act to grant licences for the installation of electric motors and oil engines for cinema purposes. The court examined Section 256 of the Act and concluded that it did not encompass the exhibition of cinema films.

4. Right of the Appellant to Challenge the Resolutions:
The appellant, a resident in the area, argued that the Municipal Council's actions violated the statutory scheme designed for the benefit of the residents. The Supreme Court upheld the appellant's right to challenge the resolutions, emphasizing that:
- The appellant had a legal right to compel the Municipality to perform its statutory duty.
- The Municipality's actions in granting the licence and permissions were in excess of its statutory powers and violated the Town Planning Scheme.
- The High Court erred in not quashing the fourth resolution, despite acknowledging its violation of the Scheme, based on the third respondent's expenditure.

The Supreme Court concluded that the illegality of the resolutions could not be cured by the expenditure incurred by the third respondent. The court emphasized that statutory duties must be performed in accordance with the law, and any actions exceeding statutory powers are invalid.

Conclusion:
The Supreme Court allowed the appeal, setting aside the High Court's decision to leave the fourth resolution undisturbed. The resolution dated 19 June 1970, permitting the conversion of the Kalyana Mantap-cum-Lecture Hall into a cinema theatre, was quashed. The court reiterated that the Municipality's actions were beyond its statutory powers and violated the Town Planning Scheme, thereby affirming the appellant's right to challenge the resolutions. The parties were ordered to bear their own costs.