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2017 Supreme(SC) 1596

SUPREME COURT OF INDIA
Jagdish Singh Khehar, CJI., D.Y. Chandrachud, L. Nageswara Rao, JJ.
Arrive Safe Society of Chandigarh – Petitioner
Versus
The Union Territory of Chandigarh & Anr. – Respondents
Special Leave Petition (Civil) No. 10243 of 2017)
Decided On : 11-07-2017

Important Points

The judgment prohibits the grant of liquor sale licenses along and in proximity of national and state highways, and the reclassification of roads by the Chandigarh Administration does not violate this prohibition.

Subject

Civil Law - Administrative Law

Act Referred

Headnote

Liquor Sale Prohibition - State Highways - Article 142 - [21 October 2005, 16 March 2017] - The judgment addresses dangers of drunken driving on highways and prohibits the grant of liquor sale licenses along and in proximity of national and state highways. The Chandigarh Administration's reclassification of certain roads from state highways to major district roads does not violate the court's directions as it leaves unaffected the national highway and other specified state highways.

Fact of the Case:

The Chandigarh Administration reclassified certain roads from state highways to major district roads, which was challenged before the High Court on the ground of circumventing a previous judgment prohibiting liquor sale along highways. The High Court rejected the challenge, leading to proceedings under Article 136 of the Constitution.

Finding of the Court:

The reclassification by the Chandigarh Administration does not violate the previous judgment's directions as it does not affect the specified national and state highways. The purpose of the judgment is to regulate liquor sale along highways, and the reclassification does not breach the directions issued by the court.

Issues: The issue was whether the reclassification of certain roads by the Chandigarh Administration circumvented the previous judgment prohibiting liquor sale along highways.

Ratio Decidendi: The reclassification of roads by the Chandigarh Administration does not violate the previous judgment's directions as it does not affect the specified national and state highways. The purpose of the judgment is to regulate liquor sale along highways, and the reclassification does not breach the directions issued by the court.

Final Decision: The Special Leave Petition was dismissed as the reclassification by the Chandigarh Administration did not violate the previous judgment's directions.

Legal Category Hierarchy

  • administrative law
    • road classification
      • notifications (Para 2, 6)
  • constitutional law
    • judicial review
      • special leave petition (Para 3, 4, 8)
    • judicial powers
      • article 142 (Para 1)
  • public health and safety
    • liquor regulation
      • highway prohibitions (Para 1, 6, 7)

Advocates Appeared:
For the Petitioner:Ravi Kumar Gupta, Nikunj Dayal, Pramod Dayal, Ms. Payal Dayal, Advocates, Kaleeswaram Raj, Suvidutt M.S., Sai Deepak Iyer, Arnold Harvey, Advocates
For the Respondents:Tushar Mehta, ASG, Chandra Prakash, Advocates

Table of Contents

1. Challenge to a notification re-classifying internal city roads from state highways to major district roads, allegedly circumventing a prohibition on liquor sales along highways. (Para 2 , 3 )

2. The re-classification of internal city roads was intended to circumvent the judicial prohibition on granting liquor licenses along national and state highways. (Para 3 )

3. Internal city roads providing local connectivity are distinct from highways providing inter-city connectivity; re-classifying them for maintenance purposes does not violate highway liquor prohibitions. (Para 5 , 6 )

4. Prohibition of liquor sales along highways applies to roads providing connectivity between cities, towns, and villages, and does not extend to internal roads within municipal areas. (Para 6 , 7 )

5. Special Leave Petition dismissed. (Para 4 , 8 )

6. Does the prohibition on liquor licenses along highways apply to internal city roads re-classified as major district roads?

No. The prohibition applies to highways providing connectivity between cities, towns, and villages. Re-classifying internal city roads—used for connectivity within the city—as major district roads does not breach the directions prohibiting liquor sales along highways. (Para 6 , 7 )

7. What is the scope of the prohibition on liquor sales along national and state highways regarding municipal areas?

The prohibition targets highways providing connectivity between cities, towns, and villages. It does not prohibit licensed establishments within municipal areas, provided the roads are not highways in the sense of providing inter-city connectivity. (Para 6 , 7 )

8. Can administrative re-classification of roads for maintenance funding purposes be used to bypass liquor sale prohibitions?

Re-classification of internal city roads to major district roads for maintenance and funding purposes is permissible and does not violate highway liquor prohibitions, as long as actual inter-city highways remain unaffected. (Para 5 , 6 )

ORDER :

D.Y. Chandrachud, J.

On 15 December 2016, this Court rendered judgment in the State of Tamil Nadu v. K. Balu , Civil Appeal Nos.12164-12166 of 2016. Several directions were issued to obviate dangers to the lives and safety of persons using the highways, resulting from the menace of drunken driving. The directions contained in the judgment are reproduced below :

"(i) All states and union territories shall forthwith cease and desist from granting licences for the sale of liquor along national and state highways;

(ii) The prohibition contained in (i) above shall extend to and include stretches of such highways which fall within the limits of a municipal corporation, city, town or local authority;

(iii) The existing licences which have already been renewed prior to the date of this order shall continue until the term of the licence expires but no later than 1 April 2017;

(iv) All signages and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on national and state highways;

(v) No shop for the sale of liquor shall be (i) visible from a national or state highway; (ii) directly accessible from a national or state highway and (iii) 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;

(vi) All States and Union territories are mandated to strictly enforce the above directions. The Chief Secretaries and Directors General of Police shall within one month chalk out a plan for enforcement in consultation with the state revenue and home departments. Responsibility shall be assigned inter alia to District Collectors and Superintendents of Police and other competent authorities. Compliance shall be strictly monitored by calling for fortnightly reports on action taken;

(vii) These directions issue under Article 142 of the Constitution"

2. The present proceedings relate to Chandigarh. A notification was issued on 21 October 2005 by the Chandigarh Administration notifying major arterial roads (described as V1, V2 and V3 roads) as state highways. The development and maintenance of these roads was directed to vest in Chandigarh Administration. Recently, on 16 March 2017 the earlier notification was modified by the Administration. By the notification, all V1, V2 and V3 roads have been declared as major district roads except for National Highway no.21 and Madhya Marg from Panchkula border to Mullanpur border.

3. The notification dated 16 March 2017 was challenged before the High Court of Punjab and Haryana on the ground that it circumvents the judgment of this Court in K.Balu (supra). The contention did not find acceptance and the writ petition filed by the petitioner was rejected. This gave rise to proceedings under Article 136 of the Constitution.

4. After hearing the learned counsel appearing on behalf of the petitioner and the Additional Solicitor General for the Union Territory Administration, we dismissed the petition on 11 July, 2017 and indicated that our reasons would follow. We are accordingly indicating our reasons for dismissing the Special Leave Petition both to clarify the import of the order of this Court and to set at rest any doubt about its ambit and applicability.

5. The roads in the city of Chandigarh have been categorized from V1 to V8. The description of these roads is as follows :

Type

Function

V-1

Roads connecting Chandigarh with other cities in the region. The Madhya Marg, Dakshin Marg merge with the V1’s leading to Kalka and Ambala respectively.

V-2

The major avenues of Chandigarh, with important institutional and commercial buildings located on them. Madhya Marg, Dakshin Marg, Jan Marg, Himalaya Marg, Uttar Marg and Purv Marg are important examples of these.

V-3

Roads between sectors for fast moving vehicular traffic. Each sector is surrounded either by a V2 or V3.

V-4

Shopping streets cutting through sectors with shops on e




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