Delhi HC issues notice to excise dept over license for liquor shop in Shalimar Bagh
Dec 13, 2021
New Delhi [India], December 13 : The Delhi High Court on Monday issued notice to the excise department on a petition against granting of a licence for the opening of a liquor shop in Shalimar Bagh.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh asked the Commissioner, Excise Entertainment and Luxury Tax Department of Delhi government to file a reply to the matter and listed the matter for further hearing on January 28.
The court was hearing a petition filed by Kavita Budhiraja and her husband Anil Kumar Budhiraja through advocate Amar Nath Saini.
The petitioner is running an "Atta Chakki" providing essential daily food items to the residents of U&V block and other nearby blocks of Shalimar Bagh in Delhi.
The petitioner said that the proposed liquor shop is situated in a purely residential area of a small shopping market consisting of shops of daily necessities of the Shalimar Bagh, in the middle of various residential societies/blocks.
The opening of the shop in the heart of residential societies has alarmed all shop keepers including the petitioner and people in nearby residential blocks namely U&V, CA, CB, RBI Colony, BG-1 and BH Wes. The opening of the shop in the local shopping complex surrounded by residential blocks having shops selling daily necessities has created panic amongst them, compelling the local residents to stage regular protests against the respondents, the petitioner said.
The petitioners' livelihood is badly affected and will lead to a shut down if the liquor shop is allowed to be opened as it would compel the women, children and senior citizens not to visit the petitioners' shop, which is just one shop next to the liquor shop, the petitioner added.
The petition has sought direction to the excise department to cancel the liquor license of said shop
"Issue an appropriate writ, order or direction especially in the nature of Mandamus/ Certiorari to struck down or alter or modify the provisions of Rule 51(1) of the Delhi Excise Rules 2010, which is merged in Rule 4.1.6 (i) of Delhi Excise Policy for the Year 2021-22, for protecting the children studying in play and primary schools, " the petition said.
The court has also issued notice to Delhi Govt on another petition filed by RWA Shalimar block U&V and other colonies against the grant of license to a liquor shop in a residential colony.
The petitioner was represented by advocates KC Mittal, Yugansh Mittal & Pradyuman Singh.
The President of RWAs has also written to the CM that the grant of license in the residential colony is against public sentiments and create serious law and order problems.
"It will affect children, Women, Senior Citizens and other residents and the open space will be occupied by hawkers and criminals causing serious problems to residents, " the advocate said.
