2016 (12) TMI 1602 - SC - Indian Laws

Licences for liquor shops both on the national and state highways - Held that - A detailed survey has been made by the OSD in which observations in regard to liquor shops located along the highway have been recorded. We may also advert at this stage to a letter dated 4 August 2012 of the Project Director of National Highways Authority of India (NHAI) to the Deputy Commissioners of various regions in Punjab. The letter highlights that on a stretch of 291 kilometres on the Panipat-Jalandhar section of NH-1, there are as many as 185 liquor shops (though in comparison the trauma centres and hospitals where immediate medical service can be provided to road accident victims is almost negligible). Many of the liquor shops have encroached on national highway land. Though, NHAI has sought the removal of these shops, concrete action is yet to be taken due to the lack of support from various quarters. Liquor shops, the Project Director notes, are owned by influential people making the removal of unauthorised encroachment impossible without the support of the district administration. Thus as concluded no licences for liquor shops should be allowed both on the national and state highways. Moreover, in order to ensure that this provision is not defeated by the adoption of subterfuge, it would be necessary to direct that no exception can be carved out for the grant of liquor licences in respect of those stretches of the national or state highways which pass through the limits of any municipality corporation, city, town or local authority. Necessary safeguards must be introduced to ensure that liquor vends are not visible or directly accessible from the highway within a stipulated distance of 500 metres form the outer edge of the highway, or from a service lane along the highway. Also duly borne in mind the practical difficulty which has been expressed on behalf of the licence holders (including those in the town of Mahe) and the states that there are licences which have been duly renewed and whose term is still to expire. The states apprehend that premature termination may lead to claims for refund of licence fee for the unexpired term, with large financial implications. Hence we would direct that current licences may continue for the existing term but not later than 1 April 2017.

Issues Involved:
1. Presence of liquor vends on national and state highways.
2. Legislative jurisdiction over highways.
3. Road accidents statistics and causes.
4. Union government’s policy on liquor vends.
5. Enforcement of the policy.
6. Fundamental rights and trade in liquor.
7. Proximity of liquor vends to highways.
8. Judicial directions and compliance.

Detailed Analysis:

1. Presence of Liquor Vends on Highways:
The primary issue addressed is the presence of liquor vends on national and state highways. The alarming statistics on road accidents, which have claimed numerous lives and caused injuries, provide the backdrop for this case. The court emphasized that the law can only imperfectly alleviate the consequences of road accidents, which impose unacceptable costs both personally and socially.

2. Legislative Jurisdiction Over Highways:
The court examined the constitutional distribution of legislative jurisdiction over highways. Entry 23 of the Union List reserves national highways for Parliament, while Entry 13 of the State List reserves state highways for state legislatures. This distribution is crucial in determining the legislative competence over the regulation of liquor vends.

3. Road Accidents Statistics and Causes:
The Union Ministry of Road Transport and Highways published data indicating that a significant share of road accidents and fatalities are caused by drivers exceeding lawful speed and driving under the influence of alcohol or drugs. In 2015, 16,298 road accidents and 6,755 fatalities were attributed to alcohol/drug intake. The court noted a tendency to under-report such incidents, which affects compensation claims.

4. Union Government’s Policy on Liquor Vends:
The National Road Safety Council (NRSC) and the Ministry of Road Transport and Highways (MoRTH) have consistently advised state governments to remove liquor shops from national highways and not issue fresh licenses. This policy is based on the high incidence of road accidents due to drunken driving. Various advisories from MoRTH emphasized the need for strict enforcement of Section 185 of the Motor Vehicles Act, 1988, which mandates zero tolerance for driving under the influence of alcohol.

5. Enforcement of the Policy:
The court highlighted the importance of enforcing the Union government’s policy to safeguard human life. It acknowledged that while the policy may not eliminate drunken driving completely, it significantly reduces the easy availability of alcohol along highways. The court deferred to the expert view of the Union government, which is based on consistent data and statistics.

6. Fundamental Rights and Trade in Liquor:
The court reiterated that there is no fundamental right under Article 19(1)(g) to trade in liquor, as liquor is regarded as res extra commercium. The power of states to grant liquor licenses is undoubted, but such licenses should not endanger human lives and safety on highways. The court emphasized the Directive Principle in Article 47, which mandates the state to improve public health and prohibit intoxicating drinks.

7. Proximity of Liquor Vends to Highways:
The court discussed the Model Policy on alcoholic beverages, which prohibits liquor vends within a specified distance from highways but excludes areas within municipal limits. The court found this exclusion irrational and arbitrary, as it undermines the policy’s objective. The court directed that no exceptions should be made for stretches of highways passing through municipalities, ensuring that liquor vends are not visible or directly accessible from highways.

8. Judicial Directions and Compliance:
The court upheld the views of the High Courts of Madras and Punjab and Haryana, which mandated the removal of liquor vends from highways. The court directed all states and union territories to cease granting licenses for liquor vends along highways and to ensure existing licenses expire by 1 April 2017. Signages and advertisements of liquor availability must be removed, and liquor shops should not be visible or accessible from highways within 500 meters. The court mandated strict enforcement of these directions under Article 142 of the Constitution, assigning responsibility to state authorities and requiring regular compliance reports.

Conclusion:
The court disposed of the appeals and transfer petitions, emphasizing the paramount importance of road safety and the need to regulate the availability of alcohol along highways to protect human lives. There was no order as to costs.

← Previous Next →