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2012 Supreme(P&H) 687
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Acting Chief M.M. Kumar
The Hon’ble Mr. Justice Alok Singh
CWP No.6766 of 2012 (O&M)
Amit Jain & Ors.
v.
State of U.T., Chandigarh & Ors.
{Decided on 28/05/2012}
For the Petitioners:Mr. Chetan Mittal, Senior Advocate, with Mr. Mohinder Singh Nain, Advocate.
For the Respondents No.1 & 2:Mr. Sanjay Kaushal, Senior Standing Counsel & Mr. Sanjiv Ghai, Advocate.
For the Applicants in CM No.6330 of 2012:Mr. D.S. Patwalia, Advocate.
Liquor vends and Tavern--In pre fabricated structures on Government land near roundabouts and red rights in different Sectors in the city of Chandigarh--Not justified--Directed to be removed.
Headnote:(A) Capital of Punjab (Development & Regulation Act, 1952, S.3--Liquor vends and Tavern, in pre fabricated structures on Government land near roundabouts and red rights in different Sectors in the city of Chandigarh--Not justified--Directed to be removed.
Held;
(i) Land which has been reserved for the expansion of the roads and slow carriage ways must be regarded as a part of the road and cannot be utilized for any other purpose whatsoever and grant of the lease on such land to open the liquor vends and tavern cannot be considered to be legal.
(ii) Vehicles are parked either on the metalled road or in the open space near the liquor vend and tavern--Congestion of traffic is a valid ground to refuse permission--Since traffic has increased manifold by the passing of every year, therefore, keeping in mind public safety, liquor vends near the roundabouts and traffic lights should not be allowed.
(iii) As per condition No.14 of the Excise Policy, tavern must have toilets--Admittedly, there is no sewer line connecting to these liquor vends and tavern--Therefore, in the absence of toilet in the tavern, same cannot be allowed to run and permission should have been refused on the ground of public morality, public health and public order.
(iv) All the liquor vends and tavern established and being run on the roadside on the Government land are directed to shift their vends and tavern to the alternate open space within the area of license in accordance with law within a period of 30 days form today failing which all such vends shall close down.
(B) Maintainability of Public Interest Litigation Rules, 2010, R.2--Proper affidavit of the petitioners disclosing their credentials and interest in the matter--Not filed--Effect of--Held; In the writ petition specific stand is that present petition is being filed in the public interest and petitioners are the public spirited persons--Moreover, this Court has taken cognizance of the matter keeping in view the larger public interest involved--Therefore, since HighCourt has taken cognizance of the matter, same cannot be thrown out on the hypertechnical ground. (Para 26)
Mr. Alok Singh, J.: - Petitioners, who are the residents of different Sectors of Chandigarh, have approached this Court under Article 226 of the Constitution of India, assailing the actions of respondents No.1 to 3 thereby permitting the successful bidders to run liquor vends in prefabricated temporary structures and tavern along with liquor vends on the Government land allotted to them on the roadside near the roundabouts and red lights in different Sectors in the city of Chandigarh. Present petition was entertained under the heading of Public Interest Litigation.
2. Petitioners’ case, inter alia, is that petitioners have no direct or indirect personal motive or interest involved in the matter and the petition is being filed for the benefit of general public; Excise Department has issued liquor vend licences to the successful bidders to run liquor vend along with the tavern in a pre-fabricated temporary structures; respondent No.2-department has granted lease/licence to the successful bidders along the roadside near the roundabouts and red lights in various Sectors in the city of Chandigarh wherein liquor vends along with tavern are being run causing traffic jam, drunken brawl and wrongful parking on the roadsides; allotment of Government land to establish and run the liquor vends and tavern on the pre-fabricated structures is in total violation of Capital of Punjab (Development and Regulation) Act, 1952 and Rules made thereunder. Certain photographs of the liquor vends are also filed with the petition to demonstrate location of the liquor vends and tavern close to the red lights, haphazard parking of the vehicles on the roadside and the people urinating in the open.
3. In response to the notice issued vide order dated 7.4.2012, reply was filed on behalf of respondents No.1 and 2 stating therein that allotments for licences in the pre-fabricated temporary structures category both for L-2 and L-14A has fetched a total amount of Rs.60 crores approximately, therefore, it is in the interest of the revenue to permit the liquor vends and tavern on the pre-fabricated temporary structures on the Government land; Engineering Department has rightly permitted to run the liquor vends and taverns on the Government land for the limited period on payment of rent.
4. This Court vide order dated 1.5.2012 has directed the respondents to file specific affidavit disclosing the nature of the land in respect of every area wherein land was given to the successful bidders to establish and run liquor vends in the pre-fabricated structures and tavern. Pursuant to the order dated 1.5.2012, affidavit of Anil Gupta, Superintending Engineer, Construction Circle-I, Engineering Department, U.T., Chandigarh, was placed on record specifically mentioning therein that liquor vends and tavern mentioned from Sr. No.1 to 29 in paragraph No.2 of the affidavit are over the land reserved for future expansion of the road. While land of liquor vends and tavern mentioned in paragraph No.3 of the affidavit was provided by the Engineering Department, which is beyond the slow carriage ways being built by the Engineering Department.
5. CM No.6330 of 2012 was filed by some of the successful bidders running the liquor vends and tavern in the pre-fabricated structures over the Government land seeking impleadment. We have permitted Mr. D.S. Patwalia, learned counsel appearing for the successful bidders to address the Court as intervener.
6. We have heard Mr. Chetan Mittal, learned senior counsel, assisted by Mr. Mohinder Singh Nain, learned counsel for the petitioners, Mr. Sanjay Kaushal, learned Senior Standing Counsel, and Mr. Sanjiv Ghai, learned counsel, for respondents No.1 and 2, and Mr. D.S. Patwalia, learned counsel appearing for some of the successful bidders running the liquor vends and tavern along the roadside on the Government land, at length and have perused the record.
7. Mr. Chetan Mittal, learned senior counsel, appearing for the petitioners, while ref
