UT says aerial distance determining factor

Saurabh Malik

Tribune News Service

Chandigarh, July 4

The Chandigarh Administration today made it clear before the Punjab and Haryana High Court that aerial, and not driving, distance from national and state highways would determine the location of a liquor vend.

The assertion came during the resumed hearing of a writ petition filed on the issue by Vault Liquor Private Limited against the Chandigarh Administration and another respondent.

At the very onset, an affidavit filed on behalf of the UT Administration and another respondent by Additional Excise and Taxation Commissioner-cum-Collector (Excise) Rakesh Kumar Popli was placed before the Division Bench of Justice Ajay Kumar Mittal and Justice Amit Rawal.

The affidavit, among other things, said the issue was discussed threadbare during a high-level meeting. The Bench was told that it was decided during the meeting that the aerial distance system would be adhered to while allowing the location of liquor vends, or any other licence.

The same procedure would be followed while allowing renewal of licence. The Bench was also told that the manner of calculation using aerial distance was most scientific and fair as opposed to motorable distance because of Chandigarh’s peculiar character. Elaborating, it was stated that the Chandigarh road network was rectangular with in gridiron pattern. There were alternative approaches from national and state highways and the motorable distance varied with each alternative approach road. The petitioners through counsel Jagmohan Bansal had earlier submitted that the Supreme Court had, among other directions, held that “no shop for the sale of liquor shall be situated within a distance of 500 metres of the outer edge of the national or state highway or of a service lane along the highway”. 

He submitted that the guidelines did not state that 500 metres was to be measured by way of aerial distance or as crow flies.  Bansal further contended that the liquor vends were auctioned in the UT, keeping in view the guidelines and liquor vends were allotted beyond 500 metres of the highways and lanes in terms of motorable distance.