HC stays opening of liquor vend on Gurudwara plea, issues notice to Delhi govt

New Delhi [India], March 29 : The Delhi High Court has stayed the opening of a liquor vend on the plea of a Gurudwara and issued notice to the Government of Delhi, Delhi State Civil Supplies Corporation Ltd., for granting an L-6 Liquor License retail vend located exactly at the entrance of the only lane coming to the petitioner Gurudwara, which is being used by the devotees and also located in close proximity of Sarvodaya Kanya Vidyalaya.
The petitioner Gurudwara claimed that the approval for opening the proposed liquor vend has been obtained by the liquor vend in gross violation of the Delhi Excise Act, 2009, Rule 51 of Delhi Excise Rules, 2010 and the Master Plan of Delhi (MPD), 2021.
The Division Bench led by Justice Manmohan also comprising Justice Manmeet Pritam Singh Arora on Thursday while issuing notice to all respondents stayed the opening of the liquor vend. The court listed the matter for a detailed hearing on May 9, 2024.
The lawyer for GNCTD prayed for some time to verify the facts and re-inspect the premises. The respondents shall file detailed counter affidavits within three weeks. The rejoinder affidavit, if any, is to be filed before the next date of hearing, said the court.
The petitioner, Gurudwara Sri Guru Arjan Dev Ji, Mahavir Nagar had moved Delhi High Court stating 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.
The petitioner Gurudwara stated that on various complaints filed by the devotees and the residents 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.
The petitioner Gurudwara is represented by Shivek Rai Kapoor, Ujwal Ghai, Arpit Sharma, Sanchit Saini and Anant Sharma.
The lawyers stated taking into consideration the illegal construction and encroachment upon public land allegedly at the proposed liquor vend, the MCD issued a notice dated 18th March, 2024 to Liquor vendor with regard to illegal construction, encroachment and opening of the liquor shop at subject premises.
Lawyers further stated that in the aforementioned notice, the liquor vendor 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.
The lawyer stated that since the proposed liquor vend is also located in close proximity of Sarvodaya Kanya Vidyalaya, District Centre, Vikas Puri, 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 and the Principal of the said school had also written a letter dated 20th March, 2024 to the GNCTD informing it about the serious safety and security concerns of the 1500 girls.