9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (4) TMI 109 - HC - Indian LawsPermissibility of a liquor vend in a Convenient Shopping Centre - Held that - As decided in Residents Welfare Association (Regd) Vs. Govt. of NCT of Delhi & Ors .2015 (5) TMI 438 - DELHI HIGH COURT no illegality in the grant of license for liquor vends at the subject sites. All that we can do is to direct that in accordance with the minutes of the 11th meeting of the Advisory Group of the DDA held on 23rd August, 2013, a suitable framework be formulated so as to curb the nuisance associated with consumption of liquor around CSCs in residential neighbourhood. The same be done preferably within a period of four months of today.
Issues Involved:
Closure of liquor shops in Convenient Shopping Centres of DDA based on writ petitions filed by petitioners. Analysis: The judgment delivered by Hon'ble Mr. Justice Manmohan, J. addressed the issue of seeking closure of liquor shops in Convenient Shopping Centres (CSC) of DDA through writ petitions filed by the petitioners. The judgment highlighted that the issues raised in the present writ petitions were already covered by a Division Bench judgment of the court in Residents Welfare Association (Regd) Vs. Govt. of NCT of Delhi & Ors. The Division Bench had previously held that there was no legal basis to prohibit the retail of liquor in CSCs as per the Master Plan of Delhi 2021 (MPD-2021). The MPD-2021 did not make any distinction between CSCs and Local Shopping Centres (LSCs) regarding the retail of liquor. It was noted that while concerns about liquor shops near residential areas were acknowledged, the existing legal framework did not provide a basis to prevent the grant of licenses for liquor vends in CSCs. The judgment emphasized the need for a framework to address the nuisance associated with liquor consumption around CSCs in residential neighborhoods, as per the recommendations of the Advisory Group of the DDA. Consequently, the present writ petitions and applications were disposed of in accordance with the Division Bench judgment. This detailed analysis of the judgment provides insights into the legal reasoning behind the decision to not close liquor shops in Convenient Shopping Centres of DDA based on the existing legal framework and the interpretation of the Master Plan of Delhi 2021. The judgment underscores the importance of addressing concerns related to liquor consumption in residential areas while adhering to the provisions of the law and the recommendations of the Advisory Group of the DDA.
|
