Licence of Jangpura liquor shop cancelled due to location of religious place, school, hospital nearby: Delhi govt informs HC
Dec 07, 2021
New Delhi [India], December 7 : Delhi government has informed the Delhi High Court that it has cancelled the licence of a liquor shop in the Jangpura area after inspections revealed that it is located near religious places, a hospital and a school.
The counsel for the Delhi government submitted that pursuant to the last order the subject premises were inspected and the licence of the liquor vend has been cancelled.
"In these circumstances, while taking the statement of learned counsel for respondent Nos. 1 and 2 (Delhi Government and Commissioner Excise, Entertainment and Luxury Tax) on record, nothing further survives for adjudication in the present writ petition along with pending application which is disposed of as having been rendered infructuous," Justice Rekha Palli said.
The Court was hearing a petition challenging the opening of a liquor shop in the Jangpura area, which has religious places, a hospital and a school near it.
The petitioners, who are the residents of Jangpura-A, said that they are aggrieved by the proposed illegal opening of wine shop in their area. However, the petitioner informed the court that the liquor shop is not completely functional at present.
The petitioners have been represented through advocates Abhay Kumar, Kumar Milind, and Shagun Ruhil.
"Though, Article 47, unlike Fundamental Rights, falls under Part IV i.e. Directive Principles of State Policy, nevertheless, its importance and relevance are of prime importance," said the petitioners, while pointing out that the proposal of opening of the wine/beer shop at that place is against the provisions of relevant laws, Rules including the Delhi Excise Policy, 2021-22.
In terms of clause 4.1.6 of the Delhi Excise Policy for the year 2021-22 read with Rule 51 (1) of the Delhi Excise Rules, 2010, no wine/beer shop is permitted to be opened within 100 metre of any major educational institutions; religious places and hospitals with fifty beds and above.
"The proposal of opening of wine/beer shop at the above said place is taken without adhering to the aforesaid provisions of Rules as there are not only more than one religious places like temple, Gurudrawa but also school and hospital. Arya Samaj Mandir with 5 School is situated at 30 metre, Kanthi Mata Mandir is at the distance of 60 metre, Mai Ka Gurudwara is at the distance of 90 metre, MCD hospital is at the distance of 60 metre," read the petition.
The petitioner, henceforth, sought an order or direction to the respondents to take immediate action for closing and shifting the wine/beer shop which is proposed to be open and award costs of filing this petition to the petitioner.
