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SC stays Rajasthan HC order for removal of liquor vends from national and state highways

Top court halts 500-metre ban directive but says High Court’s road safety concerns are genuine

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On November 24, 2025, the Jodhpur bench of the Rajasthan High Court, taking note of the rising number of road accidents linked to alcohol consumption, directed the state to remove or relocate all liquor shops within 500 metres of national and state highways within two months, regardless of whether they fell within municipal limits, local self-governing bodies or statutory development authorities.

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The high court also strongly criticised the state for misusing the limited discretion granted by the Supreme Court in permitting liquor shops along highways.

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The order was passed in a Public Interest Litigation (PIL) filed in 2023, which highlighted a steep increase in cases of drunken driving in Rajasthan.

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The high court referred to the Supreme Court’s 2016 verdict in State of Tamil Nadu vs K. Balu, which directed that no liquor shops should be situated within 500 metres of the outer edge of national or state highways. In 2017, however, the apex court clarified that the order did not prohibit licensed liquor vends within municipal areas and left it to the states to decide whether the same principle should apply to areas governed by local self-governing bodies and statutory development authorities.

The Rajasthan government, in an affidavit filed before the high court, stated that it had permitted the operation of 1,102 liquor shops along national and state highways as they fall within municipal areas or local bodies and contribute Rs 2,221.78 crore in revenue.

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Taking note of the affidavit, the high court observed that the constitutional objective of safeguarding public life and safety cannot be subordinated to revenue considerations, and that a careful balance must be struck to ensure fiscal interests do not override the paramount need to protect human life and ensure road safety.

“This court expresses extreme concern over the manner in which the directions of the apex court have been diluted and the discretion granted to the state government has been misused. The admitted operation of 1,102 liquor shops on national and state highways effectively nullifies the safety objective underlying the apex court’s orders and the road safety concerns repeatedly emphasised by this court,” the high court had said.

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