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New Delhi: The Supreme Court on Friday granted partial relief to state liquor associations regarding banning of liquor stores on state and national highways.
Hearing a batch of petitions seeking modification of its December 2016 order banning liquor outlets within 500 metres of state and national highways across the country, the apex court bench headed by Chief Justice JS Khehar said that in those areas where population was less than 20,000, the distance would be around 220 meters.
Several states, including Kerala, Himachal Pradesh, Arunachal Pradesh, Punjab, Telangana and Haryana and various others had told the apex court that 500-metre distance is much higher and should be reduced.
Attorney General (AG) Mukul Rohatgi, also agreed with the associations and said that the 500-metre distance should be reduced. The apex court, however, observed that life is more important than liquor.
Supreme Court said the ban extends not just to retail liquor outlets but also to bars, pubs and restaurants located on highways, according to reports. The court said there was no question of exempting these establishments, as this would be a dilution of its objective of preventing drunk driving.
The apex court’s order runs completely counter to a legal opinion given by
Attorney General Mukul Rohatgi to the Kerala government, that the SC’s December 15 judgement was confined to only retail liqour outlets.
The Kerala government had, acting on the advice, extended the liquor licences of bars, pubs and restaurants located near highways.
But the court said that in states like Andhra Pradesh and Telangana, where the excise period extends beyond April 1, there will be no ban on highway liquor sales till September 30.
Northeastern states of Sikkim and Meghalaya have been excluded from the no-liquor zone ban due to ‘hilly terrain and forest area’ which covers 82 per cent of the region’.
However, the court denied Tamil Nadu relief, dismissing the state’s request to reduce the no-liquor zone from 500 metres to 100 metres.
On March 23, the Tamil Nadu government had moved the top court, also to extend the time for relocation of retail liquor shops along the highways till the expiry of their licence period up to 28 November, 2017.
The top court in its December 15, 2016 order had ruled that licenses of existing shops along national and state highways will not be renewed after March 31.
This was challenged through petitions by several associations across states.
On January 18, the All Assam Indian Made Foreign Liquors Retailers’ Association had approached the apex court seeking modification of the judgment, saying it virtually banned liquor shops in the state as the definition of state highways in the local statute included all roads.
