A.R. Chadha and Co. (1) Pvt. Ltd Vs. Chief Fire Officer and ors. - Court Judgment

Excerpt:
- a.b. saharya, j. (1) the short question involved in this petition is whether the petitioner is entitled to renewal of the license granted to him for running a video cinema in the premises in question. the grant and renewal of such a license is regulated by the delhi cinematograph (exhibition of films by video cassette recorder/player) rules, 1986, hereinafter referred to as 'video cinema rules'. rule 4 indicates various requirements for grant of license. same conditions must be fulfillled for the purpose of renewal-of the alicense. the only controversy that has arisen is about grant of no objection certificate by the chief fire officer, as required under clause (vi) of rule 4, which reads as. follows: 'no objection certificate from the chief fire officer regarding suitability of the premises from the point of view of fire safety and means of ingress and egress'.(2) the no objection certificate is required, obviously, in respect of the premises that may be used for running the video cinema, which is stated to be a part of a larger building complex in the present case. if the chief fire officer finds any deficiency in the fire safety requirement in any other part of the building complex, it would be open for him to exercise the powers vested in him in respect of that portion, and against the owner or occupier of that portion of the building complex under the delhi fire prevention and fire safety act, 1986.(3) for the limited purpose of renewal of license of the petitioner, the chief fire officer has to inspect the licensed premises only, and that too, to certify suitability of the premises from two angles; firstly, from the point of view of fire safety and secondly, with regard to the means of ingress and egress there from.(4) we, thereforee, direct the chief fire officer to carry out inspection of the cinema premises only, from the limited point of view of testing suitability thereof in accordance with clause (vi) of rule 4 of the video cassette rules, and to send a report in respect thereof to d.c.p (licencing), within two weeks from today; and d.c.p. (licencing) will then expeditiously dispose of the petitioner's application for renewal of the video cinema license, in accordance with the video cinema rules.(5) the petition is, accordingly, disposed of.(6) a copy of the order be given to learned counsel for the parties dusty.