SC dismisses plea against Chandigarh admn for denotifying highways
This order not just good news for Chandigarh, but also bodes well for other state governments who have similarly de-notified roads.india Updated: Jul 11, 2017 20:14 IST
The Supreme Court of India on Tuesday dismissed a petition challenging Chandigarh administration decision to de-notify highway roads to allow continued sale of liquor from vends within 500 metres of the roads.
Rejecting the petition, a three judge bench of Justices JS Kehar, Y V Chandrachud and Nageshwar Rao the court said, “Had Chandigarh administration de-notified roads beyond the municipal limits it would have been a fraud on our order. As long as a road is a highway our order on liquor ban will apply, the moment it ceases to be a highway the order will not apply. “
This order not just good news for Chandigarh, but also bodes well for other state governments who have similarly de-notified roads.
The court hinted at the fact that similar orders can be passed for the states of Kerala, Arunachal Pradesh, Andaman and Nicobar Islands and Uttarakhand who are before the Supreme Court. Court has agreed to hear these petitions on July 12th.
Last week, hearing the same matter the court had said, “Our intention in passing the order was that a driver should not be under the influence of liquor at places where there is high-speed traffic.”
The petition filed against Chandigarh administration decision primarily raised the issue that the decision of de-notification was done in a hurry to over reach the court orders.
The court on Tuesday also dismissed a bunch of petitions filed by club and hotel owners who had their establishments on the highways. They sought concessions from the court saying that, orders were originally confined to only liquor vends. Hotels and clubs host foreigners, organise seminars and conferences and in the face of this ban economic loss is being caused to these establishments.
The apex court, in December last year, had banned the sale of liquor within 500 metres of state and national highways across the nation from April one this year.