Liquor to be sold only from proper shops: HC

Saurabh Malik

Tribune News Service

Chandigarh, June 19

Making it clear that liquor was required to be sold only from proper shops, the Punjab and Haryana High Court has directed the Union Territory of Chandigarh to frame a policy against permitting its sale from temporary sheds in the entire city.

The directions by the Bench of Justice Mahesh Grover and Justice Rajbir Sehrawat came on a bunch of petitions filed against the UT Excise and Taxation Commissioner and other respondents by M/s Jubilee Beverages Limited and other petitioners, including a gram panchayat and a few residents of a village. They were alleging that the liquor vend had been set up on the agricultural land, which is contrary to law.

Elaborating, the petitioners submitted neither change of land use was obtained, nor was any other procedure adopted by the Union Territory. They added the operation of vends was required to be stopped forthwith, particularly as these were in flagrant violation of the periphery control order.

The Bench observed that one of the petitioners had also challenged notice issued by the UT Excise and Taxation Commissioner citing a High Court order requiring illegal and unauthorised constructions to be demolished as these were in contravention of the Periphery Control Act.

The Bench also observed that liquor vends had since been demolished,to be set up on land belonging to the UT in the immediate vicinity, but slightly beyond the gram panchayat land. As the demolition had already taken place and the process of setting up temporary structures to operate the vends was on, the gram panchayat and residents had challenged the activity, the Bench added.

After considering the matter, the Bench directed the Administration to ensure the setting up of proper structures that did not “offer themselves as an eyesore to the general public using the area”.

The Bench added the present structures were intended for a year alone. As such, the Administration in future would not permit the sites to be used for liquor vends. Rather, attempts were to be made to provide liquor at a place where proper shops existed.

The Bench also directed the Administration to ensure that the structures were properly fenced up to a level of three to four feet from the ground. “The Administration would also be at liberty to seek the assistance of the Architecture Department, which may prescribe at least a decent structure that does not offend the sensibility of the general public. We, therefore, permit the construction subject to this,” the Bench concluded.

The petitioners and applicants among others were represented by senior advocates Rupinder Khosla and Girish Agnihotri, along with HS Sethi and Kunal Mulwani. Applications were also filed through senior advocates DS Patwalia and BS Patwalia.