The Supreme Court has reiterated that its December 2016 ban on the sale of liquor within 500 metres of the outer edge of national and State highways will not extend to municipal areas.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud has recalled an apex court order of March 20, 2023. The March 2023 order had set aside a Madras High Court decision confirming the permission granted by the Puducherry Excise Department to a liquor retailer, represented by senior advocate P.B. Suresh, to shift his shop to ECR Main Road at Ganapathi Chettikulam from Kamaraj Salai in Pillathottam.
The residents’ society, Kanagachettikulam Makkal Podhunala Eyakkam, had moved the High Court against the shifting of the liquor shop, saying the establishment was hardly 150 metres from temples, mosques and educational institutions. The High Court dismissed the petition of the residents, who approached the apex court.
A Division Bench headed by Justice (now retired) M.R. Shah had ruled in favour of the residents in March 2023. The 2023 order had held that the location of the liquor shop was not in compliance with 500-metre prohibitive distance.
Arguing the review petition on January 29, Mr. Suresh submitted that the shifting of the shop was permitted under the Puducherry Excise Rules, 1970. The location of the shop was well beyond the prescribed distance of 50 metres, as mentioned under the 1970 Rules, from any temple/mosque/educational institution.
The senior lawyer further pointed out that the apex court had clarified, in a subsequent order on July 11, 2017, that the December 2016 prohibition on the sale of liquor within 500 metres along highways, did not extend to municipal areas.
Attorney General of India R. Venkataramani, appearing for the Union Territory, acknowledged that the July 2017 clarification by the apex court was implemented in Puducherry through a notification issued on September 12, 2017. Advocate Balaji Srinivasan, appearing for an NGO, opposed the review petition vehemently.
In its July 2017 order, the Supreme Court had clarified that the December 15, 2016 ban on liquor sale only extended along and in proximity of highways, which provide connectivity between cities, towns and villages.
“The purpose of the directions contained in the order dated December 15, 2016 is to deal with the sale of liquor along and in proximity of highways properly understood, which provide connectivity between cities, towns and villages. The order does not prohibit licensed establishments within municipal areas. This clarification shall govern other municipal areas as well. We have considered it appropriate to issue this clarification to set at rest any ambiguity,” a three-judge Bench had explained in its July 2017 order.
The clarification from the apex court had come as a huge relief for bar and hotel owners who were forced to shut down operations after the December 2016 ban. Thousands were left jobless after these establishments were closed down at the time.
