W.P.(C.) No.13824/2022

Page 1 of 17

$~17.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 24.08.2023

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W.P.(C) 13824/2022 and C.M. No. 42303/2022

MOHALLA SUDHAR SAMITI (REGD.)

..... Petitioner

Through:

Mr. V. S. Dubey, Advocate

versus

GOVT OF NCT OF DELHI & ORS.

..... Respondents

Through:

Mr.

Santosh

Kumar

Tripathi,

Standing Counsel (Civil), GNCTD

with

Mr.

Pradyumn

Rao,

Ms.

Prashansha

Sharma,

Mr.

Arun

Panwar, Mr. Utkarsh Singh and Mr.

Kartik

Sharma,

Advocates

for

GNCTD.

Mr. Harshit Chopra, Advocate for

Respondent No. 6 with Mr. Anil

Kumar, ASO.

Ms. Monika Arora, Mr. Yash Tyagi

and Mr. Subhrodeep Saha, Advocates

for MCD.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJEEV NARULA

SATISH CHANDRA SHARMA, CJ. (ORAL)

1.

The present writ petition has been filed under Article 226 of the

Constitution of India as a Public Interest Litigation (PIL) by the Petitioner

Mohalla Sudhar Samiti which is a Resident Welfare Organization (RWA)

registered under the Societies Registration Act, 1860 (hereinafter to be

referred as „Registration Act, 1860‟).

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:05.09.2023

11:12:55

Signature Not Verified

W.P.(C.) No.13824/2022

Page 2 of 17

2.

The Petitioner is aggrieved by the action of Commissioner of Excise,

Entertainment and Luxury Tax, Government of NCT of Delhi (Respondent

Nos. 1 & 2) in granting a license to Respondent No. 5 for opening and

operating a liquor shop in the locality at D-310, West Vinod Nagar, Delhi,

110092 (hereinafter referred to as “shop address”).

3.

The Petitioner's contention is that the liquor shop is situated in the

vicinity of a Hospital, Masjid and Mandir. It has been stated that the Madina

Masjid and two madrasas are situated within 50 meters from the liquor shop.

It is further stated that Smart Learning classes, Yam Guru Academy and

Mahesh Hospital are also situated within 50 meters of the liquor shop.

4.

The Petitioner has stated that Respondent No.1, Government of NCT

of Delhi has issued a license to Respondent No. 5 which is in complete

violation of Delhi Excise Rules, 2010 (hereinafter to be referred to as

„Rules, 2010‟), specifically Rule 51 of the Rules, 2010.

5.

The Petitioner has further stated that in a residential locality, a liquor

shop has been established in complete violation of the Rules, 2010 which is

causing great hardship to the families residing in the area. It has been

further stated that the liquor business is being run by “Mafia Type” people

who want to make Delhi a liquor hub and not an educational hub.

6.

It has been further stated that the Residents of the locality are peaceful

citizens and they have submitted a large number of representations from

time to time to the authorities. However, nothing has been done in the

matter and therefore, the Petitioners, left with no other choice have knocked

the doors of this Court praying for the following reliefs:

“(i) Issue an appropriate writs, order or directions directing the

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:05.09.2023

11:12:55

Signature Not Verified

W.P.(C.) No.13824/2022

Page 3 of 17

the present case.”

7.

This Court has issued notice in the matter on 26.09.2022 and the

Government of NCT of Delhi (GNCTD) has filed a detailed counter-

affidavit in the matter. The counter-affidavit filed on behalf of the

Respondent Nos. 1 & 2 reveals that the GNCTD formulated a policy for

retail sale of Indian Liquor/Foreign Liquor and Beer in National Capital

Territory of Delhi for the year 2022-23 and the same has been implemented

with effect from 01.09.2022. It has been further stated that a L-6 license has

been granted in favour of Respondent No. 6 herein, i.e., Delhi Consumer‟s

Cooperative Wholesale Store Limited (DCCWS) keeping in view the Delhi

Excise Act, 2009 (hereinafter to be referred to as „the Act, 2009‟) read with

Rules, 2010.

8.

A proposal was received