After the Delhi government’s new liquor policy came into force in November, the city saw protests against alcohol shops in residential areas. Now, the High Court has said that the licence of a vend cannot be cancelled because the public has opposed the location
In November 2021, the Delhi government’s new excise policy, which allowed private liquor shops to open across the city, came into force. PTI
In a ruling that went in favour of liquor shops and restaurants with bars, the Delhi High Court (HC) said that the licence for a vend does not merit cancellation only because “public sentiment” may be opposed to the location. Upholding the order of the financial commissioner on restoring the licence to a restaurant in 2019, Justice Yashwant Varma said that public opinion or sentiment is not a factor relevant or germane under the Delhi Excise Act for locating a liquor vend.
In November 2021, the Delhi government formally exited the liquor business, as its new excise policy, which allowed private liquor shops to open across the city, came into force. However, what followed was protests against the location of liquor vends with many residents and licence holders approaching the courts.
The case
The court was dealing with a petition preferred by the Department of Excise, assailing the order of 28 June 2019 passed by the financial commissioner, reports LiveLaw.
The excise department had cancelled the licence of two restaurants keeping in mind that they would cause a law and order disturbance in January 2018. However, the licence was restored in June 2019 by the financial commissioner. The excise department had challenged the decision before the Delhi high court last month.
The HC order
The Delhi HC did not agree with the department’s submission after observing that as a public authority it is obliged to act fairly and not whimsically.
Varma, while dismissing the appeal, said that authorities cancelled the licence on the grounds of “public sentiment” and “apprehension of disturbance of law and order”. However, the court said that granting a licence is not subject to “public sentiment”.
“It becomes pertinent to note that the grant of license under the Act and Rules framed thereunder is not subject to ‘public sentiment’. The apprehension of a law and order situation is clearly a different issue altogether and which must necessarily be looked into by the concerned police authorities. Unless the license of the liquor vend is shown to fall foul of any statutory provision or otherwise established to be in violation of any rule or regulation, the same cannot possibly merit cancellation merely because ‘public sentiment’ may be opposed to its location,” the HC observed, according to LiveLaw.
After the new liquor policy came into place, Delhi residents demanded the closure of shops selling alcohol, saying it would create a law and order problem. AFP
The protests over liquor policy
After the new liquor policy came into place, Delhi saw residents, especially women, protesting and demanding the closure of shops selling alcohol, saying it would create a law and order problem.
The Delhi unit of the Bharatiya Janata Party (BJP) also took to the streets in January demanding that the Aam Aadmi Party government recall the new policy which allowed liquor shops in “non-conforming areas” with some coming up near schools and places of worship.
The BJP state general secretary Harsh Malhotra had said that the people of Delhi were concerned about liquor shops coming up near their houses. “While the CM talks about prohibition in Punjab, he is adamant about making Delhi a city of liquor,” the leader had alleged.
Under the Delhi government’s new excise policy, 849 liquor vends will operate across the city by private parties. Nearly 550 vends had started operations by February.
Before the policy, the stores were distributed unequally, according to AAP, which had led to the growth of the liquor mafia in unserviced areas. It said that the total number of shops in the city would remain at 849.
The rulebook
According to Rule 51 of the Delhi Excise Rules, 2010, no retail vend can be located within 100 metres of major educational institutions, religious places and hospitals with 50 beds and above, reports The Indian Express.
The Delhi Excise Policy 2021-22 says that retail stores can be opened in markets, malls, commercial roads/areas, local shopping complexes and other such places as long as the standard rules and regulations of opening a new shop are followed, particularly Rule 51 of the Delhi Excise Rules, according to the report. Maintaining law and order is essential to get a renewal of the licence.
With inputs from agencies
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