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2024 Supreme(Online)(DEL) 19139
$~64
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+
W.P.(C) 4573/2024 & CM APPL. 18763/2024
GURDWARA SRI GURU ARJAN DEV JI (REGD.)
..... Petitioner
Through:
Mr. Shivek Rai Kapoor, Mr. Ujwal
Ghai, Mr. Arpit Sharma, Mr. Sachit
Saini
and
Mr.
Anant
Sharma,
Advocates
versus
GOVT. OF NCT OF DELHI & ORS.
..... Respondents
Through:
Mr.
Anuj
Aggarwal,
ASC
for
GNCTD with Ms. Arshya Singh, Mr.
Aakash
Dahiya
and
Mr.
Yash
Upadhyay, Advocates for R-1
Ms. Shilpa Ohri, ASC for MCD, R-3
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
SHIVEK RAI KAPOOR
The court's decision was influenced by the need to address concerns about the legality and appropriateness of granting approval for the liquor vend, particularly in light of its proximity to sensitive locations.
Headnote:
Liquor License - Public Interest Petition - Stay of Opening of Liquor Vend
Fact of the Case:
The petitioner filed a public interest petition seeking directions to quash the liquor license and other approvals granted for opening a liquor vend at a specific location, citing concerns about its proximity to a school, temple, and gurudwara, as well as illegal construction and encroachment upon public land.
Finding of the Court:
The court issued notice to the respondents and stayed the opening of the liquor vend until further orders, allowing time for verification of facts and filing of detailed counter affidavits.
Issues: The issues involved the alleged violation of the Delhi Excise Act, 2009, Rule 51 of Delhi Excise Rules, 2010, and the Master Plan of Delhi (MPD), 2021 in granting approval for the liquor vend, as well as concerns about its proximity to sensitive locations.
Ratio Decidendi: The court found merit in the petitioner's concerns and deemed it necessary to stay the opening of the liquor vend pending further verification and detailed counter affidavits from the respondents.
Final Decision: The court ordered a stay of the opening of the liquor vend at the specified location until further orders, with the case listed for the next hearing on 9th May, 2024.
ORDER
% 28.03.2024 CM APPL. 18764/2024 (for exemption) Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
W.P.(C) 4573/2024 & CM APPL. 18763/2024
1. Present public interest petition has been filed seeking issuance of directions to quash the L-6 liquor license and other approvals granted by Respondent No. 1 (Govt. of NCT of Delhi) and Respondent No. 2 (DSCSC) to Respondent no. 4 (Mr. Rakesh Arora) for opening and operating liquor vend at Shop No. K-10, New Mahavir Nagar, New Delhi-110018.
2. Learned counsel for the Petitioner states that on 13th March, 2024, the Petitioner through Respondent No. 4, came to know that Respondent no. 4 had applied and had been given approval for opening of L-6 license retail vend of Indian liquor/beer by Respondent Nos. 1 and 2 at subject premises on profit sharing basis/rent compensation basis. He states that the proposed liquor vend is located exactly at the entrance of the only lane coming to the Petitioner Gurudwara, which is being used by the devotees and the residents of the locality for their daily commutation.
3. He states that on various complaints filed by the devotees and the residents of K Block, New Mahavir Nagar, New Delhi-110018, Mr. Jarnail Singh (MLA from the Tilak Nagar Assembly Constituency) vide letter dated 16th March, 2024 requested the Minister of Food and Civil Supplies, GNCTD to prevent the opening of a new liquor vend at the proposed shop since the same is very close to a school, temple and a gurudwara.
4. He states that taking into consideration the illegal construction and encroachment upon public land by Respondent No. 4 at the proposed liquor vend, the Respondent No. 3 (MCD) issued a notice dated 18th March, 2024 to Respondent No. 4 with regard to illegal construction, encroachment and opening of the liquor shop at subject premises. He states that vide the aforementioned notice, Respondent no. 4 was requested to provide all related documents of the property such as sanctioned building plan/completion plan, regularization plan, ownership documents and charges deposited by him including copy of license/NOC’s etc of the property within two days of receiving the above-mentioned letter.
5. He states that the Petitioner and RWA, K-Block, New Mahavir Nagar, New Delhi-110018 submitted their complaints with the Respondent No. 1, Respondent No. 2, SDM Rajouri Garden, Lt. Governor, Govt NCT of Delhi on 19th March, 2024 inter-alia seeking stay/cancellation of the license issued to the Respondent No. 4 for opening a liquor vend. He states that till date, there has been no response to the complaints.
6. He states that since the proposed liquor vend is also located in close proximity of Sarvodaya Kanya Vidyalaya, District Centre, Vikas Puri, New Delhi -110018, the Petitioner along with Gurudwara Singh Sabha and RWA vide letter dated 20th March, 2024 had apprised the Principal of the said school about the opening of the proposed liquor vend in K Block, New Mahavir Nagar, New Delhi -110018 and the Principal of the said school had also written a letter dated 20th March, 2024 to the Respondent No.1
informing it about the serious safety and security concerns of the 1500 girls.
7. He states that the approval for opening the proposed liquor vend has been obtained by the Respondent No. 4 in gross violation of the Delhi Excise Act, 2009, Rule 51 of Delhi Excise Rules, 2010 and the Master Plan of Delhi (MPD), 2021.
8. Issue notice. Mr. Anuj Aggarwal, Additional Standing Counsel for GNCTD and Ms. Shilpa Ohri, Additional Standing Counsel for MCD accepts notice. Issue notice to Respondent No. 4 by all modes.
9. Mr. Anuj Aggarwal, learned counsel for GNCTD prays some time to verify the facts and re-inspect the premises. The Respondents shall file detailed counter affidavits within three weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
10. Till further orders, there shall be a stay of the opening of the liquor ven
