2016 (8) TMI 473 - HC - Indian Laws

Violation of norms - Re-location of liquor shop at national highway - petitioner alleged that liquor shop is situated within the prohibited distance from the schools/educational institutions - Held that - in so far as the location of the liquor shops on all the State Highways is concerned, the Hon ble Supreme Court is already in seizing of the issue emanating from different High Courts, though there can be no difference of opinion that on National Highways, no liquor shop can be located.

Summary

Issues:
1. Relocation of liquor shop near schools/educational institutions.
2. Allegation of violation of norms regarding the location of the liquor shop.
3. Previous legal attempts to prevent the relocation of the liquor shop.
4. Petitioner's standing as an aggrieved party.
5. Verification of license parameters by the government.

Analysis:
1. The petitioner challenged the relocation of a liquor shop near a school, alleging a violation of norms. The petitioner cited a letter from the Deputy Commissioner assuring no such relocation, but the shop was still moved. The order in question was dated 19.09.2013, granting sanction for the relocation.

2. The owner of the liquor shop, the third respondent, argued that previous attempts to prevent the relocation had failed in court. The shop was moved due to the old premises, and the new location was secluded with no nearby buildings within 200 meters. The depth of the land was over 500 meters from the main road, with no objections raised about the shop's presence on the main road.

3. Respondent No.3 highlighted that the petitioner lived 4 kilometers away from the liquor shop in a different village, questioning her standing as an aggrieved party representing all villagers. The respondent emphasized that the petitioner's residence was not in proximity to the shop.

4. The government pleader confirmed that the license for the liquor shop was issued after verifying compliance with all relevant parameters, indicating that the necessary checks were conducted before granting the license.

5. The court noted the jurisdiction of the Supreme Court regarding liquor shop locations on state highways, with a prohibition on such establishments along national highways. Considering the submissions and facts presented by the respondents, the court found no grounds for intervention in the matter, leading to the closure of the writ petition without costs.

This detailed analysis of the judgment covers the issues raised, the arguments presented by the parties involved, and the court's decision based on the facts and legal considerations presented during the proceedings.