HC issues notice to Delhi govt on RWA's plea seeking relocation of liquor shop

New Delhi [India], July 15 : The Delhi High Court recently issued notice to government authorities including the Delhi government and others on a plea of the Residents Welfare Association (RWA) seeking relocation of a liquor vend situated in Convenience Shopping Centre (CSC), sector 4, Rohini.
The petitioner RWA has claimed that the vend is being situated in the close vicinity of residential pockets, School, Gurudwara, Temple, Dispensary, etc., by infringing the valuable Constitutional/Legal Rights of the local residents, in violation of Excise policy, provisions of DMC Act & Excise Act, with the help of local police.
Justice Subramonium Prasad on July 12, issued notice to six respondents namely the Delhi government, Department of Excise, Entertainment and Luxury Tax, Delhi State Civil Supplies Corporation (Liquor Division), Delhi Development Authority, Municipal Corporation of Delhi and SHO Vijay Vihar on the petition and directed to file response in three weeks.
The counsel for departments accepted the notice. The court listed the matter for hearing on October 12, 2023.
The bench also directed the Counsels for the Delhi Government, Department of Excise, Entertainment and Luxury Tax, and Delhi State Civil Supplies Corporation (Liquor Division), to produce the original file of the matter on the next date of hearing.
The bench has also issued a notice to the shop owner.
The present Petition has been filed by the RWA for relocating a liquor vend which is being run at the Convenience Shopping Centre No.1, Sector-4, Rohini, New Delhi, to some other place. It has also sought a direction to ensure safety, security, public order and traffic smoothness near the said CSC.
Advocate Amit Kumar, Counsel for the petitioner argued and placed reliance on Rule 51 of the Delhi Excise Rules, 2010 which states that no retail vend of Indian Liquor, Foreign Liquor or Country Liquor shall be located within one hundred meters from major educational institutions and religious places.
The Counsel for the petitioner drew the attention of the Court to a rough sketch of the area to substantiate his case.The petitioner has also submitted the photographs showing the people drinking in open, eatries near liquor shop and traffic congestion.
The counsel also submitted that the High Court had issued a direction on January 7, 2022, to
the Commissioner, MCD to decide the RWA's representation of November 29, 2021 within a period of 4 weeks.
The RWA had filed a petition against the opening of a liquor vend at CSC Market.
Thereafter on February 4, 2022, the Department of Excise, Govt. of NCT of Delhi informed under RTI Act that the application for L7V (Retail) license in respect of Shop No. 2, 3, 4, 44, 45, 46 CSC, Sector-4, Rohini has been withdrawn by the licensee, the plea stated.
It is also stated that On February 23, 2022, the MCD also informed under RTI Act that the action under sections 343 and 343 of the DMC Act has already been taken by the Department in relation to the Shops on December 13, 2021.
The plea also submitted that on information regarding Govt.’s proposal for opening of Liquor Shop at CSC, the Petitioner gave one representation on July 31, 2022, to the concerned authorities against the said proposal.
The Govt. of NCT opened its own vend at CSC Market Rohini after scrapping its New Excise policy on September 1, 2022, it added.
It is alleged that on repeated representation, complaints and follow-ups against the running of liquor vend, the shop owner along with his associates misbehaved and threatened the president of the petitioner association to stop him from pursuing the issue further with the concerned authorities.
A complaint on December 23, 2022, was given to the SHO of Vijay Vihar police station, but no action was taken, the plea contended.