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2015 Supreme(P&H) 901
PUNJAB & HARYANA HIGH COURT
S.J. Vazifdar, J.
Divya Singla and Ors. - Appellant
Versus
State of Punjab and Ors. - Respondent
CWP No. 9656 of 2015
Decided On : 28-05-2015
For the Appellant :Anil Ksheterpal, Sr. Advocate and Manender Singh Sain, Advocate
For the Respondents: Harsimran Singh Sethi, Addl. A.G.
The key legal principle established in the judgment is that public safety and order take precedence over private monetary interests, justifying the closure of liquor vends located on National Highways.
Headnote:
Liquor Vends - Challenge to Closure Order - Punjab Liquor License Rules, 1956, Rule 37(9-C) - CWP No. 25777 of 2012, National Highways Act, 1956 - 2.13, 2.15, Rule 37(9-C) - The court discussed the Excise Policies of the State of Haryana and the State of Punjab, the modifications directed by the Division Bench, and the interim orders passed by the Supreme Court. The key legal provisions discussed were Clause 2.13 and 2.15 of the Excise Policy, and Rule 37(9-C) of the Punjab Liquor License Rules, 1956. The interpretation of these provisions influenced the court's decision to uphold the closure of liquor vends located on National Highways.
Fact of the Case:
The petitioners challenged the closure of their liquor vends located on National Highways and State Highways, citing the notification of the roads as National Highways after they were allotted the vends.
Finding of the Court:
The court found that the closure of the vends was justified for public safety, and the petitioners' claims based on the notification of the roads as National Highways were unfounded.
Issues: The issues revolved around the closure of liquor vends located on National Highways and State Highways, and the petitioners' contention regarding the notification of the roads as National Highways after the vends were allotted.
Ratio Decidendi: The court held that public safety and order cannot be compromised for private monetary interests, and the closure of vends on National Highways was justified regardless of the notification of the roads as National Highways after the vends were allotted.
Final Decision: The writ petition was disposed of, upholding the closure of the liquor vends located on National Highways and State Highways.
1. The petitioners have challenged the order dated 23.04.2015 (Annexure P10), passed by the Assistant Excise & Taxation Commissioner, directing the Excise & Taxation Officer (Excise) to inspect all liquor vends situated at the National Highways and thereafter, as per the orders of the Courts, to shift the liquor vends, situated at National Highways. The communication informed the Excise & Taxation Officer (Excise) the next date of hearing before this Court, namely, 29.04.2015. The petitioners have also challenged the respondents' action in closing down their liquor vends located on the Phagwara-Banga-Nawanshahr-Balachaur-Rup Nagar road as also on Nawanshahr-Garhshankar road.
2. Considering the nature of the matter and the involvement of the Arrive Safe Society, we permitted Mr. Ravi Kamal Gupta, Advocate, to address us also.
3. The matter pertains to the year 2015-16. In view of the submissions raised before us, it is necessary to refer to the policy of the preceding year as well and the orders that have been passed in various proceedings, in respect thereof.
4. The State of Punjab had issued the Excise Policy for the year 2014-15. Clause 2.13 of the said policy, insofar as it is relevant, read as under:
"2.13..........
Location of vends on National Highways
In order to implement the interim orders passed by the Hon'ble Punjab and Haryana High Court in CWP No. 25777 of 2012, it has become necessary to define location of liquor vend along National Highways. The Hon'ble Punjab and Haryana High Court has observed that no liquor vend should be visible and have direct access from the National Highways.
In view of the above, it is proposed that during the year 2014-15, the liquor vends would not be allowed to operate at places from where they are visible and have direct access from the National Highways. The Deputy Excise & Taxation Commissioner of the concerned division shall be personally responsible to ensure that the above provision is complied with at the time of opening of liquor vends along National Highways."
5(A). A writ petition had been filed by the Arrive Safe Society, Chandigarh against National Highways Authority of India and others, being CWP No. 25777 of 2012, which was disposed of by an order and judgment of a Division Bench of this Court on 18.03.2014. The Division Bench dealt with the Excise Policies of the State of Haryana and the State of Punjab.
(B). In respect of the State of Haryana, the Division Bench directed modification of Clause (b) as it was found that the Clause, as it stood, would not suffice. The Division Bench recorded that the modifications had been made with the concurrence of the Learned Counsel for the National Highways Authority of India. Clause (b), as finalized by the Division Bench, reads as under:
"Clause (b), thus, will have to be read as under:-
"(b) No liquor vend shall be located along the National Highways/State Highways. They shall not be accessible or visible from the National Highways/State Highways or the service lane running along such highways.
Note:- It shall be the personal responsibility of the DETC (Excise) of the district concerned to ensure the strict compliance of the above stipulated restrictions."
It is also important to note that there was some dispute whether the Clause ought to apply to State Highways as well or only to the National Highways. The Division Bench rejected the plea on behalf of the State of Haryana that in substance, the issue raised was only qua National Highways and noted that it was both for the National Highways and the State Highways. The Division Bench noted that it could hardly be commended that driving and drinking could not be permitted on the National Highways but that should do no harm on the State Highways. The Division Bench, thus, directed the State of Haryana to incorporate the said amendments in the amended Liquor Policy, to be published, for the year 2014-15.
(C). That was so far as State of Haryana was concerned. The penultimate
