In a significant turn of events, the Supreme Court of India has decided to recall its 2023 order mandating the relocation of a liquor shop in Puducherry to a location beyond 500 meters from a temple, mosque, or an educational institution. The Court emphasized that local municipal laws would also be applicable to address the regulation of liquor shops.
This development stems from a 2016 verdict in the case of State of Tamil Nadu Vs K Balu, where the Supreme Court had ruled against permitting liquor shops within 500 meters of national and state highways. The primary objective of this decision was to curb issues related to drunken driving and road mishaps. However, this ruling underwent modifications, allowing liquor vends at a distance of 220 meters from highways in municipal areas with a minimum population of 20,000. The Court also clarified that states could formulate policies for the establishment of liquor shops, taking into account local municipal laws and regulations.
Despite these subsequent adjustments, a Supreme Court bench, on March 20, 2023, ordered the relocation of a liquor shop in Puducherry beyond the stipulated 500 meters, relying on the 2016 judgment. Unfortunately, this decision overlooked the later modifications made by the apex court in the initial ruling.
Acknowledging the error in its order, a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra took note of the submissions made by Attorney General R Venkataramani, representing the Union Territory of Puducherry. The Attorney General argued that the order was passed erroneously and needed to be recalled.
In response to this, the Supreme Court not only recalled its previous order but also restored the cases related to the relocation of the liquor shop in Puducherry to the records of the Madras High Court for fresh adjudication. The Court, in its reconsideration, highlighted that the facts of the case were closely tied to municipal laws and acknowledged that the earlier order failed to consider the subsequent clarifications issued in the Tamil Nadu case.
Case: M/s Alankar Wines Private Limited vs. Human Rights and Consumer Protection Society & Anr.
REVIEW PETITION (CIVIL) NO 1107 OF 2023 IN CIVIL APPEAL NO 1788 OF 2023.
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